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oa Litnet Akademies : 'n Joernaal vir die Geesteswetenskappe, Natuurwetenskappe, Regte en Godsdienswetenskappe - Aantekening : kan munisipale wetstoepassingsbeamptes goedsmoeds op die publiek losgelaat word? - regte

Volume 16 Number 1
  • ISSN : 1995-5928

 

Abstract

May municipalities randomly let law enforcement officers loose on the public?

This note describes the manner in which municipal accounting officers exercise their mandates to ensure that municipalities implement and administer their by-laws and other legislation in order to give effect to their constitutional mandate to ensure a safe and healthy environment. This is done mostly by establishing municipal codes that regulate the functions bestowed on municipalities by the Constitution. Although there are various agencies available to enforce these by-laws, such as the South African Police Services, traffic police, municipal police and municipal law enforcement officers, enforcement by the latter category of officials is the focus of this note. The role and place of municipal law enforcement officers, their powers and functions, and the requirements set for their appointment are considered. The duty imposed on the Commissioner of Police to consider certain criteria when furnishing a certificate of competency before a certificate of appointment as peace officer can be issued enjoys special attention. This criterion relates to the training undergone by the applicant with regard to the powers to be exercised. The commissioner must certify that the applicant is competent to exercise the powers defined in Column 4 of the Schedule to GN R1114 of 18 October 2018. The extent to which the training of municipal law enforcement officers complies with the requirements of the Criminal Procedure Act is then considered. It is found that this training is insufficient, and that competency certificates should not be issued based on the training that is currently available. Proposals are subsequently submitted to improve the current state of affairs which, among others, include the establishment of national standards and the need for legislative amendment.

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/content/journal/10520/EJC-16b350711c
2019-04-01
2019-10-19

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