Why a state of emergency may not stop Cape Flats gang violence
Acting Police Minister Firoz Cachalia has stressed that while gang violence in Cape Town’s townships continues to claim lives,
Image: Ayanda Ndamane / Independent Newspapers
Acting Police Minister Firoz Cachalia has stressed that while gang violence in Cape Town’s townships continues to claim lives, a state of emergency is not a straightforward solution.
This comes as gang violence continues to escalate across the Cape Flats, with recent reports highlighting a spate of murders and the increasing recruitment of children into criminal networks. The violence has even prompted some sections of society to call on the President to declare a state of emergency to tackle the crisis.
In a parliamentary response to questions posed by uMkhonto Wesizwe MP Andile Mngxitama, Cachalia said that declaring a state of emergency is the prerogative of the President and is strictly limited in duration.
"Section 37 of the Constitution of the Republic of South Africa, 1996, provides that a state of emergency may only be declared in terms of an Act of Parliament," Cachalia said
"In terms of section 1(1) of the State of Emergency Act, 1997 (Act No. 64 of 1997), the declaration of a state of emergency in the Republic or any area within the Republic, is the prerogative of the President, not the Minister of Police".
Earlier this year, President Cyril Ramaphosa rejected calls for a state of emergency in the Western Cape.
He added that careful consideration must be given to the fact that the period allowed for a state of emergency is restricted, particularly in view of the potential draconian impact of such a declaration.
"In addition, careful consideration should be given to the fact that the period allowed for a state of emergency is restricted, especially in view of the potential draconian nature of such a declaration. The scourge of gang violence requires long-term solutions and involves multiple stakeholders to ensure that the root causes thereof are effectively addressed"
He also highlighted that police were working around the clock to tackle gang violence through intelligence-led operations, targeted interventions in hotspot areas, and close collaboration with community members.
"While gangs operate as sophisticated and mobile criminal enterprises, SAPS has adapted its strategies to respond with agility and precision. Ongoing intelligence-led operations, supported by specialised units, are disrupting gang activities and dismantling their influence across provincial boundaries".
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