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Public Protector Rules Gauteng Crime Prevention Wardens Irregular and Unlawful

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3 hours ago

October 23, 2025

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Gauteng’s Crime Prevention Wardens Declared Irregular

The Public Protector has delivered a damning verdict on Gauteng’s Crime Prevention Wardens (CPWs), also popularly known as Amapanyaza, finding their establishment, appointment, and deployment irregular, unlawful, and unconstitutional.

The report, released by Advocate Kholeka Gcaleka, came just hours after Gauteng Premier Panyaza Lesufi announced the disbandment of the popular wardens, who have been a visible presence in communities across the province.

Amapanyaza: Good Intentions, Wrong Legal Footing

The investigation revealed that the Gauteng Department of Community Safety had been operating the CPWs without a supporting legal framework, breaching the Constitution. The unit had been working alongside SAPS and other law enforcement agencies, carrying out crime prevention duties despite having no legal authority to exercise policing powers.

KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi had previously warned that the Amapanyaza were illegal, confirming that police management and legal advisors agreed the unit lacked lawful authority.

Former MEC Faith Mazibuko had applied in June 2023 to designate CPWs as peace officers, but the application failed to specify the legal basis required for lawful designation, leaving the unit’s legal status unresolved. A technical committee confirmed there was no legal authority to support CPWs in their current form.

Constitutional Concerns

Gcaleka’s report highlighted that the department’s actions violated sections 41(1)(f) and (g) of the Constitution, which prevent any sphere of government from assuming powers or functions not legally conferred.

“The law neither empowers nor confers upon provincial government any authority to exercise policing powers,” the report reads.

The Public Protector concluded that allowing CPWs to operate in policing activities without a legal mandate was both irregular and unconstitutional, substantiating allegations of unlawful conduct.

Recommended Remedial Actions

To bring the wardens within the law, Gcaleka proposed a series of binding remedial measures:

Premier Lesufi must ensure CPWs operate as traffic wardens under the National Road Traffic Act within 180 days.
The Gauteng MEC for Community Safety must regularise CPWs’ appointments as traffic wardens and put measures in place to prevent further delays.
Departmental heads must improve staff training within 60 days to strengthen legal and operational competence.
National police and justice ministers must support the lawful retention of CPWs as traffic wardens.
The Road Traffic Management Corporation must ensure all training and legal requirements for traffic wardens are met.

Gcaleka emphasised that these remedial actions are binding, urging state actors to implement them fully and promptly.

Community Reaction

The Amapanyaza have been popular among residents, especially in areas plagued by crime, with social media full of support for the wardens’ street presence. Many lamented their disbandment, calling them a “community safety lifeline.”

However, the report makes clear that good intentions cannot override the law. Moving CPWs into a legal traffic warden framework aims to balance community safety needs with constitutional compliance, ensuring the wardens can continue serving the public without legal risk.

What This Means

The ruling underscores the complexity of law enforcement in South Africa, highlighting the need for provincial initiatives to adhere strictly to constitutional and legal mandates. While the CPWs’ street presence was highly visible and valued, the Public Protector’s findings reaffirm that all law enforcement actions must be grounded in law, preserving both legality and public trust.

Quick Take:

CPWs/Amapanyaza declared irregular and unlawful by the Public Protector.
Premier Lesufi disbands the unit hours before the report release.
Former MEC Faith Mazibuko’s application to make them peace officers lacked legal basis.
CPWs must be regularised as traffic wardens within 180 days.
Binding remedial actions aim to protect the public and uphold the law.