The Democratic Alliance (DA) has written to the Mpumalanga Department of Community Safety, Security and Liaison asking them to urgently clarify the legal standing of the province’s Crime Prevention Wardens (CPW) and to ensure that any future deployments of law enforcers within the province are conducted within the bounds of the law.
Since the deployment of Crime Prevention Wardens in Mpumalanga, the department of Community Safety, Security and Liaison have not been able to provide the legal framework or laws that have been used to constitute their legal standing within the province.
The failure to provide the details surrounding this critical and very vital issue has raised legal and governance concerns, as there is currently no legislation that defines the framework within which these wardens operate within the province of Mpumalanga. This lack of a statutory mandate has sparked questions regarding their authority, responsibilities, and accountability within the province.
It is important to note that in Gauteng, Crime Prevention Wardens were granted peace officer status by the then Minister of Justice, Ronald Lamola, by using section 334 of the Criminal Procedure Act, 1977 which allows for the designation of peace officers. However, this designation was explicitly limited to the jurisdiction of Gauteng, meaning that the same status does not automatically apply to wardens operating in Mpumalanga or any other province as it is typically tied to the specific area of jurisdiction where the appointment was made.
The absence of a legal framework in Mpumalanga not only creates uncertainty regarding the scope of powers and responsibilities of these wardens, but also raises concerns about the potential infringement on citizens’ rights and the legality of their law enforcement actions. Without clear legislative backing, any actions taken by these wardens may be open to legal challenges, undermining the very purpose of crime prevention efforts.
Proper legislative processes must be followed to avoid confusion and to uphold the principles of good governance, transparency, and accountability.