GOOD statement by Brett Herron,
GOOD: Secretary-General & Member of Parliament
10 June 2022
Mayor of Cape Town Geordin Hill-Lewis must close down his illegal crime and intelligence unit and engage in mature discussions and lawful processes in respect of the devolution of policing powers to local government.
The GOOD Party agrees with the Mayor that certain policing powers should be devolved. But local governments can’t grab whatever powers they like because this amounts to state-sanctioned vigilantism and creates systemic loopholes organised crime will exploit.
These are the facts:
- The Minister of Justice has confirmed that the City of Cape Town’s Special Investigation Unit is unlawful. There is no provision for the establishment of such a unit in South African legislation.
- The unit is headed by a former policeman, Reynold Talmakkies, who was employed by the City of Cape Town despite at the time facing (as yet unresolved) charges of docket tampering in Mpumalanga.
- Talmakkies also faces new charges, in Cape Town, of fraud and corruption relating to a city housing contract. Bizarrely, the City is paying for his legal defence despite being the victim of his alleged crimes.
- The unit is said to contribute to the fight against organised crime; Talmakkies’ son was recently arrested for the second time this year in connection with alleged gang activities and is allegedly a member of the Junky Funkys gang.
- Organised crime relies, locally and globally, on compromising individuals and systems in the criminal justice system.
The GOOD Party and its leaders have sought to have the unit closed down for a number of years – going back to Patricia de Lille’s term as mayor of Cape Town. Rogue policing and illegal intelligence functions are dangerous and ultimately undermine the fight against crime.
In March this year, in reply to my questions in Parliament, the Minister of Police confirmed that the SIU operates outside of the law because it is not established in terms of the Police Act.
This was followed by the City of Cape Town’s MMC for Safety and Security falsely claiming that the Criminal Procedure Act (CPA) empowered his unit.
Now the Minister of Justice, on Wednesday 8 June 2022 in response to my further questions in parliament, has confirmed, citing chapter and verse of the relevant legislation, that the unit is unlawful and has no powers.
The City’s unlawful unit is partially funded by the Western Cape Provincial Government, according to the Provincial Government’s Safety Plan as well as the City of Cape Town’s Law Enforcement Advancement Plan (LEAP), to conduct criminal investigations and gather intelligence.
Officers employed in the SIU unit unlawfully operate as municipal police officers, carry city issued firearms, and claim peace-officer powers under the Police Act, despite not being established in terms of the Act (the only act that empowers a municipality to conduct any policing).
Furthermore, only properly trained officers appointed to a municipal police service are recognised as peace-officers and may exercise the powers prescribed by the Minister of Justice in terms of the Criminal Procedure Act. A city employee who is not appointed to a Municipal Police Service is not a proper peace officer and thus may not exercise any policing powers.
The City of Cape Town’s arrogation of criminal investigation and intelligence powers, relying on a false or dishonest interpretation of the Minister of Justice’s determination (Annexure A) of the powers of law enforcement officers, is unlawful, unconstitutional and undermines the fight against organised crime.
In the fight against crime the City must lead by example and function within the law, as it expects the people of the city to function.
The Ministers of Justice and Police must clean this mess up and begin the legal processes involved in devolving policing powers.
Media enquiries:
Brett Herron, GOOD: Secretary-General & Member of Parliament
Cell: 0825183264
Email: bretth@forgood.org.za
Janke Tolmay, GOOD: Media Manager
Cell: 0733671223
Email: janke@forgood.org.za