By Lehlohonolo Lehana.
The Public Protector has found the establishment and deployment of Gauteng crime prevention wardens, commonly known as Amapanyaza is irregular and unlawful.
The report comes moments after Gauteng Premier Panyaza Lesufi announced on Wednesday that the wardens will be disbanded and will undergo training to become provincial traffic officers.
Lesufi said the disbandment will be done in a phased approach over the next 36-months.
The wardens have been shrouded in controversy since their introduction in 2023.
The Traffic Wardens were created to support the South African Police Service (SAPS), not replace it, especially in areas with limited police presence.
In December 2023, the Minister of Justice and Correctional Services, Ronald Lamola, officially designated the Crime Prevention Wardens as peace officers in terms of Section 334 of the Criminal Procedure Act of 1977.
In her report, Public Protector Kholeka Gcaleka said within 30 days, the Minister of Police must take appropriate steps and work collaboratively with the Gauteng Provincial Government by assisting and supporting them to ensure that they remain within the law while retaining the wardens as traffic officers.
She also directed the MEC for Gauteng Department of Community Safety to put appropriate measures in place to prevent any further delays in the process of appointing and retaining the wardens as traffic officers, this must also be done within 30 days.
The report pulls no punches, stating that the Department of Community Safety acted outside the law by creating the wardens without a solid framework.
It points to sections of the Constitution, like 41(1)(h) on cooperative governance, and the Criminal Procedure Act (CPA), saying the wardens could not legally perform policing duties without being properly appointed as peace officers or traffic wardens.
Meanwhile the Democratic Alliance (DA) called it a “damning indictment” of Lesufi’s leadership, saying the programme wasted over R1.2 billion on untrained wardens who caused chaos.
ActionSA Said: “This confirms what we’ve said all along – AmaPanyaza was unlawful and a drain on resources.
The Economic Freedom Fighters (EFF) slammed it as proof of African National Congress (ANC) mismanagement, calling for Lesufi’s resignation.