Khayelitsha commission 'an intrusion'
2012-12-13 15:55
Cape Town - The establishment of a commission of inquiry into
policing in Khayelitsha was an unlawful intrusion on the powers of the SAPS,
the Western Cape High Court heard on Thursday.
Advocate Norman Arendse, for Police Minister Nathi
Mthethwa, asked a full bench of the court to declare the inquiry unlawful and
unconstitutional.
Arendse said Western Cape Premier Helen Zille overstepped
her powers by appointing retired judge Katherine O'Regan and advocate Vusi
Pikoli to probe allegations of police inefficiency in the area.
He said the Constitution conferred certain entitlements
to provinces to monitor police conduct and effectiveness. The premier and her Cabinet were, however, not entitled to issue summons or search warrants on
police.
"Provincial commissioners are accountable to the
national commissioner, and not accountable to provincial cabinet and
premier," Arendse said.
As proceedings continued in court, a group of protesters
from NGO, the Social Justice Coalition (SJC), gathered outside.
The SJC led the call for the commission to be established
following a string of vigilante killings in Khayelitsha. Local residents
complained police inaction had led to residents taking the law into their own
hands.
The O'Regan/Pikoli commission was meant to hold public
hearings from 12 November to 14 December.
The commission was since suspended pending the outcome of
Mthethwa's application.
- SAPA
