Evaluating the need for decentralisation in South African policing

THE ongoing discussion surrounding the decentralisation of the South African Police Service (SAPS) has brought to the forefront a complex array of arguments and constitutional considerations.

As policymakers contemplate potential reforms, the need for a thorough examination of existing structures, stakeholder perspectives, and legislative frameworks becomes paramount.

Dr Sandy Africa, director of the Mapungubwe Institute for Strategic Reflection (MISTRA)emphasised the necessity of scrutinising the constitutional implications of any proposed decentralisation.

"The South African Constitution explicitly says that there is one national police service. This is carried through in the SA Police Service Act which aligns the role of the Provincial Commissioners with that of the national police commissioner. However, it only makes sense to periodically evaluate whether the constitutional and legislative arrangements serve the purpose of effective law enforcement and crime prevention, but they are not decisions to be taken lightly and should not be taken to serve partisan political agendas.

"Apart from constitutional realities, any reorganisation of policing should be based on an evaluation of challenges and benefits of the current model, a cautious piloting of devolution of powers, and perhaps looking at comparative models in other countries," said Africa.

Africa said she did not have an opinion on which is the stronger of the arguments, adding that policymakers would have to address those and make an informed decision.

"The issue needs to be addressed objectively and unemotionally in order to make a final opinion.

"It is a serious matter that has constitutional implications. The national commissioner is of the view that all the powers that people argue or some argue should be devolved can currently be exercised. I presume he means if there's good planning, but for whatever reason there are those that are arguing that autonomy will give them greater flexibility in their options. That is not necessarily the case. There's often been changes to legislation which doesn't necessarily mean that performance improves," said Africa.

Jakkie Cilliers, founder and former executive director of the Institute for Security Studies (ISS) posited that South Africa has one of the largest, centralised police forces in the world which is cumbersome and wasteful.

"The result is a top heavy system which is unresponsive. Most crime is a local, contextual matter.

"Decentralisation is absolutely imperative. It should be an important part of our policing future. Centrally we need to set standards, run some training, etc but taking policing closer to the community where the challenges occur will do much to improve policing. The constitution allows much more decentralisation but it requires a change in approach," said Cilliers.

Cilliers added that decentralisation will improve local responsiveness and legitimacy since local policing units are more attuned to community-specific crime dynamics, social norms, and local priorities.

"They can tailor tactics, resource deployment, and outreach more effectively. As well as enhancing accountability and oversight since police units are closer to the people and to municipal structures or community stakeholders, building trust and legitimacy and there will be reduced bureaucratic bottlenecks," said Cilliers.

SUNDAY TRIBUNE