Winde begs Cachalia for more policing powers, again

On September 12, the DA-led Western Cape government submitted a memorandum to South Africa’s national Departments of Police and Justice, urging amendments to the South African Police Service Act of 1995. The proposal seeks to grant municipal police forces “Peace Officer” status, enabling them to conduct criminal investigations, gather evidence, and pursue prosecutions for serious crimes such as gang-related murders, gun offenses, and drug trafficking. Signed by Western Cape Premier Alan Winde, Community Safety MEC Anroux Marais, and Cape Town’s Mayco Member for Safety JP Smith, the memorandum reflects a long-standing DA campaign for the devolution of policing powers from the national government to capable provinces and municipalities.

The Western Cape’s push stems from mounting frustration with the South African Police Service (SAPS), which faces declining officer numbers amid a growing population and escalating crime rates. Winde noted that the correlation between diminishing police resources and rising crime necessitates urgent action. Official data supports this: SAPS struggles with low conviction rates for violent crimes, particularly in gang-plagued areas of Cape Town. Smith argued that empowering municipal investigators could curb gang violence and enhance prosecution success, freeing SAPS for larger operations.

The Cape independence movement, through the VF+, already tabled legislation in the Provincial Parliament which would have granted the Province the legal right to use these policing powers, namely under the Western Cape Peoples Bill, which leverages three treaties signed by the ANC goernment, as well as several features of the South African Constitution and international law, to grant the Province the right to devolve several categories of state functions.

This was rejected by the DA, who simultaneously argued that provincial autonomy and secession was racist, while also arguing that it made no sense because the province was too ethnically diverse to be called a people, raising questions about their commitment to devolution and federalism, which has been a headline feature of their manifesto from the beginning. They chose to substitute the People’s Bill with a toothless WC Provincial Powers Bill, which merely sets up a mandate to beg the state for more powers, but creates no leverage.

The province already funds local initiatives like the Law Enforcement Advancement Plan (LEAP), which deployed over 230 officers in 2022, alongside expanded CCTV networks and gun destruction programs. South Africa’s Constitution assigns policing as a national competency under Section 206, limiting provinces to oversight roles and municipalities to bylaw enforcement. The DA invokes Section 99, which allows the assignment of functions, and Section 206(3), which permits provincial policy input, to justify devolution through national legislation or ministerial decree. However, draft regulations circulated by the Police Ministry in 2025 were criticized by Cape Town Mayor Geordin Hill-Lewis as inadequate.

The September memorandum, endorsed by all DA mayors in the province, calls on Acting Police Minister Firoz Cachalia to set a firm deadline for implementing these changes. The DA’s advocacy for “functional federalism” dates back years. In 2022, Hill-Lewis vowed to “fight tooth and nail” for expanded powers following gang-related tragedies, but President Cyril Ramaphosa rejected devolution, insisting on a unified national police service. In 2023, the DA tabled the Western Cape Provincial Powers Bill, seeking control over policing, transport, energy, trade, and harbors.

Then-Police Minister Bheki Cele dismissed it as misdirected, while ANC figures like Cameron Dugmore warned it risked national unity. Legal experts note that significant changes require parliamentary approval or constitutional amendments, which would likely need ANC support—a tall order given political tensions. If enacted, the proposed reforms could bolster conviction rates for gang, gun, and drug crimes, particularly in high-risk areas.

The Western Cape’s existing investments, including LEAP and SAPS intelligence-sharing partnerships, suggest a capacity to implement expanded roles effectively. DA MP Lisa Schickerling described the memorandum as a “clear and urgent demand” for municipalities to access necessary authority and resources, potentially setting a precedent for other provinces.

Opposition remains a hurdle. The ANC has consistently viewed devolution as a threat to national cohesion, with Ramaphosa and Cele emphasizing centralized control to avoid fragmentation. While Cachalia has shown some openness, no formal response to the September 12 memorandum has been reported as of September 16, 2025. Public engagement appears limited, with the News24 article shared once on X by journalist Storm Simpson, receiving minimal traction.

The Western Cape’s campaign reflects a pragmatic response to local crime challenges but faces structural and political barriers. Progress hinges on national government cooperation, which remains uncertain. As the DA leverages its regional dominance ahead of future elections, the outcome of this push could reshape South Africa’s policing landscape or underscore the limits of provincial ambition within a centralized system.