Accountability of the police to provincial governments in South Africa: a comparative analysis of law and practice in the eastern and Western Cape Provinces
- Authors: Tyabazayo, Phumlani
- Date: 2022-03
- Subjects: Police -- South Africa , Police power , Police administration
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/22456 , 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. , Thesis (PhD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-03
- Authors: Tyabazayo, Phumlani
- Date: 2022-03
- Subjects: Police -- South Africa , Police power , Police administration
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/22456 , 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. , Thesis (PhD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-03
Boundary demarcation and community identity concerns: an investigation of the Matatiele boundary dispute
- Authors: Tyabazayo, Phumlani
- Date: 2013
- Subjects: Conflict management -- South Africa -- Matatiele , Identity politics -- South Africa -- Matatiele , Matatiele (South Africa) -- Boundaries
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8357 , http://hdl.handle.net/10948/d1021019
- Description: This treatise explores the Matatiele boundary demarcation dispute and, in particular, the role that unmet basic human needs play in this dispute. The subject of identity is also explored. In 2006, the government of South Africa decided that Matatiele should no longer be part of the province of Kwa-Zulu Natal (KZN) and instead should be incorporated into the province of the Eastern Cape. This decision divided the community of Matatiele into two groups; one was pro-KZN and the other, pro-Eastern Cape. In 2008, violence broke out between these two groups. The government’s decision and the resulting violence have created a situation of protracted conflict in the community of Matatiele with rivalries and antagonism being part of the fabric of the society. This treatise attempts to analyse this conflict and link it to the theory of basic human needs as advocated by conflict theorists such as John Burton and Johan Gultang. Human needs theorists hold the view that unmet psychological and physical needs are sources of social conflict and can lead to protracted conflict. This treatise also explores the efficacy of problem-solving workshops and referendums as conflict-resolution techniques for boundary demarcation disputes. The data were collected from unstructured, in-depth interviews with a sample of eleven respondents. The data indicate that there is a nexus between this conflict and the theory of basic human needs and that community-identity concerns are central to this dispute. The findings of this study suggest that the conflict is multi-faceted and that the underlying causes can be attributed to unmet human needs. The data was analysed using the grounded theory approach. This allowed the key causes of the conflict to be identified and subsequently informed the recommendations presented in the conclusion of this treatise.
- Full Text:
- Date Issued: 2013
- Authors: Tyabazayo, Phumlani
- Date: 2013
- Subjects: Conflict management -- South Africa -- Matatiele , Identity politics -- South Africa -- Matatiele , Matatiele (South Africa) -- Boundaries
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8357 , http://hdl.handle.net/10948/d1021019
- Description: This treatise explores the Matatiele boundary demarcation dispute and, in particular, the role that unmet basic human needs play in this dispute. The subject of identity is also explored. In 2006, the government of South Africa decided that Matatiele should no longer be part of the province of Kwa-Zulu Natal (KZN) and instead should be incorporated into the province of the Eastern Cape. This decision divided the community of Matatiele into two groups; one was pro-KZN and the other, pro-Eastern Cape. In 2008, violence broke out between these two groups. The government’s decision and the resulting violence have created a situation of protracted conflict in the community of Matatiele with rivalries and antagonism being part of the fabric of the society. This treatise attempts to analyse this conflict and link it to the theory of basic human needs as advocated by conflict theorists such as John Burton and Johan Gultang. Human needs theorists hold the view that unmet psychological and physical needs are sources of social conflict and can lead to protracted conflict. This treatise also explores the efficacy of problem-solving workshops and referendums as conflict-resolution techniques for boundary demarcation disputes. The data were collected from unstructured, in-depth interviews with a sample of eleven respondents. The data indicate that there is a nexus between this conflict and the theory of basic human needs and that community-identity concerns are central to this dispute. The findings of this study suggest that the conflict is multi-faceted and that the underlying causes can be attributed to unmet human needs. The data was analysed using the grounded theory approach. This allowed the key causes of the conflict to be identified and subsequently informed the recommendations presented in the conclusion of this treatise.
- Full Text:
- Date Issued: 2013
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