Local level civilian oversight of the metropolitan police departments in South Africa

Metropolitan or municipal police agencies are a relatively new feature in South Africa and have a mandate that includes crime prevention, traffic and by-law enforcement. These agencies have been created with the intention of promoting safety and security in the local areas where they are established. This paper aims to strengthen civilian oversight of Metropolitan Police Departments (MPDs) at local level. It also explores the nature and functioning of the key local level structures in each of the metropolitan areas responsible for civilian oversight of the MPDs.

The author notes that the challenge facing the new MPDs and the city councils that oversee and manage them, is to ensure that the policing powers are not abused or used inadequately. Citizens expect that the police work effectively and that they treat people with respect and that the system holds them accountable for their performance and their conduct.

The paper focuses on the five areas (Johannesburg, Tshwane, Ekurhuleni, eThekwini (Durban) and Cape Town) where Metropolitan Police Departments have been established to date. It reviews the case for civilian oversight before presenting an argument on how oversight structures best hold police agencies accountable. The paper presents a number of models and approaches to civilian oversight that has emerged internationally. It considers a framework that distinguishes between internal police mechanisms (that focus on the performance and discipline of police officials), state mechanisms (that focus on budgets and policies), and social mechanisms (that are concerned with police misconduct and abuse). It is argued that for the police to be held effectively accountable there needs to be coordination between mechanisms at all three levels.

The report then briefly explains the accountability framework within which the MPDs operate which include various structures at national and provincial level. The primary committee is the 'Public Safety' committee consisting solely of elected local councillors from the various political parties represented in the council. A second committee called a 'Civilian Oversight Committee' is provided for in the legislation enabling the establishment of MPDs. The report presents a brief description of each of these committees in all five metropolitan councils based on in-depth interviews with the chairpersons of each committee.

The report presents five key recommendations to city councils for strengthening civilian oversight of MPDs at local level. These include:

• developing training and other resources to enhance the understanding and practice of civilian oversight of police agencies at local level
• ensuring that independent evaluations are conducted on key aspects of MPD performance and conduct
• ensuring that local level oversight committees include a focus on the policies, procedures and systems of MPDs to receive and deal with public complaints of police misconduct
• inviting feedback from various stakeholders as to their perceptions and experiences of the MPDs
• assisting in clarifying the role of the Civilian Oversight Committees and then capacitating them to play this role