Cape Town – The Democratic Alliance (DA) in Gauteng has called on Premier Panyaza Lesufi to clarify the legality and operations of the province’s Crime Prevention Wardens, also known as “Amapanyaza.”
This follows KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi’s statement to Parliament declaring the unit illegal, as it has not been incorporated into the Police Act.
“When the premier of Gauteng (Lesufi), with good intentions to fight crime in the province of Gauteng, started a unit that by law should not exist — the Mapanya-panya that is famous. I raised that at the BOC and I said this is illegal,” said Mkhwanazi.
“It is against the law, and the premier must be advised. He has got good intentions but it cannot be done. The law doesn’t allow it. The very senior managers in the police said no, just leave the premier alone. At the next BOC, Legal Services came up with a presentation and they argued the same thing I had argued.”
The Gauteng government, however, insists the wardens are legitimate, saying they were designated as Peace Officers under Section 334 of the Criminal Procedure Act of 1977, giving them the same legal status as traffic officers.
“The provincial government has no intention of litigating sweeping statements. However, it rejects the assertion that the formation of the traffic wardens showed contempt for the rule of law and categorically dismisses the allegation that the Gauteng Traffic Wardens are an illegal entity,” spokesperson Elijah Mhlanga said.
Mhlanga pointed out that the wardens were formally designated by then-Justice Minister Ronald Lamola in December 2023.
“This legal designation granted them the same legal status as Gauteng traffic officers,” he said.
“The Gauteng Traffic Wardens initiative was always grounded in the principles of the South African Constitution, which mandates cooperative governance and requires all spheres of government … to cooperate with one another in mutual trust and good faith.”
Mhlanga insisted the unit was designed not to usurp SAPS but to augment policing in areas that suffer from weak police presence.
“The Traffic Wardens were created to support the South African Police Service (SAPS), not replace it, especially in areas with limited police presence,” he said, referring to Gauteng’s population and police-to-citizen ratio.
But according The Citizen, DA provincial leader Solly Msimanga criticised the programme’s timing before the 2024 elections, its unclear roles, lack of training, and budgetary uncertainty.
“From the outset, we questioned the timing of their launch, which was conveniently rolled out on the eve of the 2024 General Elections,” the report quoted his as saying.
“We questioned where the budget for this unfunded mandate would come from and expressed concerns about the lack of preparedness and training for the members of this programme, putting their lives at risk.
“We also highlighted the unclearly defined roles in crime prevention,” he said.
Msimanga also raised concerns about the wardens’ temporary employment, lack of accreditation, and strained relations with SAPS, which reportedly lead to unsafe working conditions and illegal traffic stops.