Western Cape
South Africa
South Africa
Western Cape Community Safety Act, 2013
Act 3 of 2013
- Published in Western Cape Provincial Gazette 7116 on 5 April 2013
- Assented to on 3 April 2013
- Commenced on 1 November 2013 by Western Cape Community Safety Act: Commencement
- [This is the version of this document from 5 April 2013 and includes any amendments published up to 11 April 2025.]
1. Definitions
In this Act, unless the context otherwise indicates-"Civilian Secretariat" means the Civilian Secretariat for the Police Service established by section 4 of the Civilian Secretariat for Police Service Act, 2011 (Act 2 of 2011);"Committee" means the Provincial Safety Advisory Committee established by section 25;"community police forums and boards" means community police forums and boards established in terms of sections 19 to 21 of the South African Police Service Act, 1995 (Act 68 of 1995);"Constitution" means the Constitution of the Republic of South Africa, 1996;"Department" means the provincial Department of Community Safety responsible for the functions referred to in Chapter 11 of the Constitution and Chapter 8 of the Constitution of the Western Cape, 1997 (Act 1 of 1998) and established under section 3A of the Public Service Act, 1994 as reflected in Schedule 2 of that Act;"Head of the Department" means the head of the provincial Department of Community Safety;"Independent Police Investigative Directorate" means the Independent Police Investigative Directorate established by section 3(1) of the Independent Police Investigative Directorate Act, 2011 (Act 1 of 2011);"Minister" means the national cabinet member responsible for policing;"municipal police service" means a municipal police service established in the Province in terms of section 64A of the South African Police Service Act, 1995;"neighbourhood watch" means an organisation or association contemplated in section 6(1) and accredited in terms of section 6(5);"Ombudsman" means the Western Cape Provincial Police Ombudsman appointed in terms of section 11;"police" means police oflicials of the police service;"police official" means a member of the South African Police Service deployed in the Province or a member of a municipal police service;"police service" means the South African Police Service deployed in the Province or a municipal police service;"policing" means the functions performed by police officials;"prescribe" means prescribe by regulation;"Province" means the Province of the Western Cape;"Provincial Cabinet" means the Provincial Cabinet as referred to in section 42 of the Constitution of the Western Cape, 1997;"Provincial Commissioner" means the provincial commissioner appointed for the Province in terms of section 207(3) of the Constitution;"Provincial Minister" means the provincial minister responsible for the functions referred to in Chapter 11 of the Constitution and Chapter 8 of the Constitution of the Western Cape, 1997;"Provincial Secretariat" means the provincial secretariat for the Province established in terms of section 16 of the Civilian Secretariat for Police Service Act, 2011;"regulation" means a regulation made under section 31;"security service provider" means a security service provider as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act 56 of 2001);"South African Police Service" means the South African Police Service established by section 5(1) of the South African Police Service Act, 1995, and deployed in the Province; and"this Act" includes the regulations made under section 31 and any directives made under sections 3(f) and 5.2. Purpose of Act
The purpose of this Act is to-3. Functions of Provincial Minister
The Provincial Minister may, in order to achieve the objectives of section 206(1), (3), (4) and (5) of the Constitution, and sections 66 and 68(1), (2)(a) and (b) of the Constitution of the Western Cape, 1997, exercise and perform the following powers and functions-4. Monitoring, oversight and assessment of policing
5. Directives for establishment of community police forums and boards
6. Accreditation of and support to neighbourhood watches
7. Database and partnerships with community organisations
8. Integrated information system
9. Confidentiality and disclosure
10. Establishment of Office of Western Cape Provincial Police Ombudsman
11. Appointment of Ombudsman
12. Finances of Ombudsman
13. Reporting by Ombudsman
14. Independence and impartiality of Ombudsman
15. Functions of Ombudsman
The Ombudsman must-16. Submitting complaints
17. Investigations by Ombudsman
18. Investigating powers and officers
19. Reporting by Provincial Commissioner
20. Loss of confidence in Provincial Commissioner
If the Provincial Cabinet loses confidence in the Provincial Commissioner, the Provincial Cabinet must, except in exceptional circumstances, require the Provincial Commissioner to appear before it or a committee of its members as contemplated in section 69(2) of the Constitution of the Western Cape, 1997, prior to instituting proceedings for the removal or transfer of, or disciplinary action against the Provincial Commissioner.21. Reporting by executive head of municipal police service
22. Recording of requests and recommendations
23. Policing needs and priorities
24. Cooperation and intergovernmental relations
25. Provincial Safety Advisory Committee
26. Composition of Committee
27. Term of office and conditions of service of members of Committee
28. Meetings of Committee
29. Awards
30. Offences
31. Regulations
32. Delegation
33. Short title and commencement
This Act is called the Western Cape Community Safety Act, 2013, and comes into operation on a date fixed by the Premier by proclamation in the Provincial Gazette.History of this document
01 November 2013
Commenced by
Western Cape Community Safety Act: Commencement
05 April 2013 this version
03 April 2013
Assented to
Cited documents 6
Act 6
1. | Constitution of the Republic of South Africa, 1996 | 12669 citations |
2. | South African Police Service Act, 1995 | 601 citations |
3. | Department of Communications Rationalisation Act, 1998 | 486 citations |
4. | Private Security Industry Regulation Act, 2001 | 162 citations |
5. | Independent Police Investigative Directorate Act, 2011 | 38 citations |
6. | Civilian Secretariat for Police Service Act, 2011 | 29 citations |
Documents citing this one 1
Provincial Notice 1
1. | Western Cape Community Safety Regulations, 2016 | 2 citations |
Subsidiary legislation
Title
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Western Cape Community Safety Regulations, 2016
Infrastructure and Transportation
·
Labour and Employment
·
Public administration
|
Provincial Notice 347 of 2016 |
Infrastructure and Transportation
·
Labour and Employment
·
Public administration
|
Western Cape Provincial Police Ombudsman Regulations, 2015
Infrastructure and Transportation
·
Labour and Employment
·
Public administration
|
Provincial Notice 364 of 2015 |
Infrastructure and Transportation
·
Labour and Employment
·
Public administration
|