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    Home»Uncategorized»Amapanyaza Given Green Light To Operate As Peace Officers After Legal Review
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    Amapanyaza Given Green Light To Operate As Peace Officers After Legal Review

    Malebogo PutuBy Malebogo PutuJanuary 30, 2026Updated:January 30, 2026No Comments4 Mins Read
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    The South African government has formally declared more than 9,000 Gauteng Crime Prevention Wardens commonly known as Amapanyaza as Peace Officers, resolving longstanding legal uncertainties surrounding their establishment, appointment and deployment.

    The announcement came during a joint media briefing on Friday, January 30, 2026, convened by the Ministry of Justice and Constitutional Development, the Ministry of Police, and the Gauteng Provincial Government.

    The move follows a report by the Public Protector, Adv. Gcaleka, released on October 22, 2025, which stemmed from a complaint lodged on September 27, 2023, by Advocate Paul Hoffman, Director of Accountability Now. The complaint raised allegations concerning the establishment, appointment and deployment of the Crime Prevention Wardens in Gauteng Province.

    The Public Protector found that “the establishment, appointment, and deployment of Traffic Wardens were not underpinned by an appropriate legislative framework providing guidance on the category of officers, their appointment, training, powers, and functions.”

    As a result, remedial action was directed to the Minister of Justice and Constitutional Development, the Minister of Police, and the Premier of Gauteng “to take the necessary steps to assist and support one another to ensure that any continued utilisation of these officials is lawful.” The remedial action was to be implemented within thirty days of receipt of the report, but the deadline was not met, and technical teams have since engaged with the Public Protector’s office on progress.

    On January 20, 2026, the Minister of Justice and Constitutional Development convened a meeting with the Department of Police, led by Minister Cachalia, and Gauteng Province, led by Premier Lesufi, to discuss implementation of the remedial actions and an implementation plan.

    The meeting resolved that section 3A(1)(b) of the National Road Traffic Act is the appropriate legislative framework for the appointment of Traffic Wardens. It was further agreed that any notice to declare these Wardens as Peace Officers must align with the functions and duties of Traffic Wardens as provided in the National Road Traffic Act and its regulations.

    A revised request was received from the Office of the Premier on January 21, 2026, asking the Minister of Justice and Constitutional Development to declare Gauteng Crime Prevention Wardens as Peace Officers in terms of section 334 of the Criminal Procedure Act, 1977, to assist in enforcing safety and security for residents of Gauteng Province.

    Section 334 of the Criminal Procedure Act vests authority in the Minister of Justice and Constitutional Development to declare categories of persons as Peace Officers by notice in the Government Gazette, to define the scope of their powers, prescribe conditions for certification, and regulate accountability.

    The declaration process is a statutory responsibility of the Ministry of Justice and Constitutional Development, exercised in consultation with the Ministry of Police and in accordance with the law.

    The government stated: “Government wishes to inform the public and most importantly those individuals who have been affected by this uncertainty, that the remedial measures directed by the Public Protector have been acted upon and the Minister of Justice and Constitutional Development has Gazetted and declared the Gauteng traffic wardens as Peace Officers and therefore making [them] lawful to operate.”

    It added that government “has worked collaboratively across spheres to address the legal deficiencies identified and to align the process with the applicable legislative framework. In this regard, over 9000 wardens will be declared Peace Officers.”

    The statement emphasized that training is a critical requirement: “Such training must attest to the competency of individuals to exercise powers contemplated in section 334 of the Criminal Procedure Act, 1977, and is considered by the Minister of Police when assessing requests for declaration.”

    The Wardens “are currently undergoing a second phase of training to qualify in line with their designated functions, following recommendations contained in the relevant technical report.” This is being done alongside engagements with relevant stakeholders to ensure full compliance.

    The government further noted that Peace Officers may only exercise powers within a specified jurisdiction, in relation to defined offences, and strictly within the scope set out in the declaration published in the Government Gazette. These duties may only be exercised when an officer is properly appointed and in possession of a valid certificate of appointment; otherwise, any action taken has no legal force or effect.

    Government has ensured compliance with the legal and policy basis, including alignment with the National Road Traffic Act, 1996, steps to give effect to the Public Protector’s remedial actions, and clarity on the scope of authority, powers and limitations applicable to the Wardens.

    A report has been submitted to the Public Protector together with an apology for the delay in implementation “as it required work and consultation with all departments involved.”

    Through this declaration, government aims to strengthen the broader intergovernmental approach to crime prevention and community safety.

    Amapanyaza Gauteng Panyaza Lesufi South African Police Service
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