The Gauteng Govt has strongly rejected claims that its community safety initiative, the Amapanyaza (Crime Prevention Wardens), is operating outside the law. The province insists that the wardens are a legitimate and constitutional force aimed at strengthening local crime prevention and boosting public safety.
The provincial government maintains that the Amapanyaza are fully grounded in South Africa’s Constitution and supported by national legislation.
Amapanyaza Initiative Rooted in Constitutional Principles
Provincial spokesperson Elijah Mhlanga confirmed that the Gauteng Govt considers the Amapanyaza a lawful and well-regulated entity. He explained that their creation aligns with Section 334 of the Criminal Procedure Act, 1977, which allows the Justice Minister to appoint peace officers.
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“The Gauteng Traffic Wardens initiative was always grounded in the principles of the South African Constitution,” Mhlanga said. “It mandates cooperative governance and requires all spheres of government to work in mutual trust and good faith.”
The initiative, officially recognised by Justice Minister Ronald Lamola in December 2023, gives the wardens the same legal status as Gauteng’s traffic officers. This step formally embedded them within the framework of law enforcement in the province.
Government’s Response to Criticism
The Gauteng Govt issued its rebuttal after KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi testified before Parliament that the Amapanyaza were “illegal.” He argued that the initiative was not sanctioned by the South African Police Service (SAPS) Legal Services.
Mhlanga dismissed the claim, stating:
“Characterising the Gauteng Crime Prevention Wardens as ‘illegal’ distorts the facts and ignores the constitutional duty of the province to protect its residents.”
He clarified that the province has no intention to replace the SAPS. Instead, the wardens operate as a support structure in crime-affected communities with limited police presence.
Addressing Gauteng’s Police Shortages
The Gauteng Govt said the Amapanyaza were introduced to help address South Africa’s policing shortfall. Gauteng’s current police-to-citizen ratio stands at one officer for every 541 residents in a population of about 16 million.
To bridge this gap, the province adopted a cooperative policing model, drawing lessons from successful initiatives such as the Western Cape’s Law Enforcement Advancement Plan (LEAP) and Metropolitan Police Services.
This approach allows provincially funded wardens to work legally under SAPS supervision while focusing on visible policing, rapid response, and crime prevention.
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Enhancing Safety in Communities
The Amapanyaza are deployed mainly in townships, informal settlements, and hostels. Their duties include improving visibility, preventing petty crime, and assisting SAPS with patrols. The Gauteng Govt argues that this approach has strengthened community trust and reduced response times to incidents.
“These wardens play a critical role in making residents feel safer and improving local policing capacity,” said Mhlanga.
The government has also confirmed plans to finalise operational protocols with national departments to ensure all activities remain lawful and transparent.
Ongoing Debate and National Oversight
Despite the Gauteng Govt’s assurances, the debate continues. Lt Gen Mkhwanazi told Parliament that SAPS Legal Services viewed the initiative as unlawful, arguing that only the national government has the authority to establish policing structures.
However, Gauteng maintains that cooperative governance allows provinces to fund and manage supplementary safety programmes under national oversight. No court ruling has yet declared the Amapanyaza illegal.
Legal experts note that as long as the wardens operate within their designated powers — primarily community policing and traffic functions, the programme remains constitutionally defensible.
Public Accountability and Transparency
The Gauteng Govt has pledged to strengthen transparency by improving training, oversight, and coordination with the SAPS. It aims to ensure that the Amapanyaza continue to operate effectively and lawfully, complementing national law enforcement rather than duplicating it.
For readers seeking official confirmation, the Department of Justice and Correctional Services has published the 2023 Government Gazette notice designating Crime Prevention Wardens as peace officers under Section 334 of the Criminal Procedure Act
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The Gauteng Govt stands firm that the Amapanyaza initiative is not illegal but constitutionally grounded and legally authorised. While critics like Lt Gen Mkhwanazi maintain that the programme exceeds provincial authority, the province insists it acts within the law — addressing the urgent need for safer communities across Gauteng.
As the province finalises operational protocols and continues collaboration with national departments, the Amapanyaza remain a cornerstone of Gauteng’s crime prevention strategy.
