Acting Police Minister Firoz Cachalia believes a debate is needed to get a consensus from political parties on whether investigative powers should be extended to metro police. 

He spoke at a meeting with Parliament’s Portfolio Committee on Police on Wednesday, days after the DA leader Geordin Hill-Lewis declared an intergovernmental dispute in this regard.  

He noted the representations from the DA and said he got legal advice on it.  

“In response to those representations, I have obtained legal advice that the specific recommendations that have been made are not consistent with section 205 of the Constitution,” said Cachalia. 

That section of the Constitution refers to the structure of the SAPS and its main responsibilities, which include “to prevent, combat and investigate crime” in “national, provincial and, where appropriate, local spheres of government”. 

“I’m not sure that this legislation is the vehicle, but since the matter has been raised in the discussion, I’m indicating as clearly as I can what the constraints are, what my own attitude is, and what I think the approach should be,” noted Cachalia.  

The DA, especially in the Western Cape, has long been calling for metro police to obtain the authority to investigate crime – leading it to lodge the dispute on Monday.  

Cachalia said he’s open-minded on the matter because he “understands the rationale”. He further noted that besides the DA, he has noted other parties raising the matter, which opens the possibility for political debate on the topic.  

He said this would be necessary when factoring in the Constitution and the impact on municipalities across the country. He added that metro police departments in many parts of the country face challenges or “weaknesses”.  

“I think we should try and build a cross-party consensus on what needs to be done. That consensus is not yet in place, and that will take political debate. It will take political leadership,” said Cachalia.