New powers for municipal police: Enforcing immigration laws and regulating second-hand sales

Municipal police services across the country are set to be given more powers, including enforcing immigration laws, and controlling and preventing the sale of stolen goods.

The SA Police Service (SAPS) is proposing changes to the regulations for municipal police services first promulgated in June 1999.

According to SAPS, the proposed revision of the regulations will affect the powers conferred on police officers that may also be exercised by a member of the municipal police services, including metro cops.

Municipal police services currently exercise a wide range of powers similar to those of SAPS members, such as investigating crimes under the Criminal Procedure Act, drugs and drug trafficking, domestic violence, and stock theft, among others.

The changes will grant municipal police services the powers to enforce the Immigration Act of 2002 and demand that any person reveal their identity.

“When so requested by an immigration officer or a police officer, any person shall identify himself or herself as a citizen, permanent resident or foreigner, and if on reasonable grounds such immigration officer or police officer is not satisfied that such person is entitled to be in the Republic, such person may be interviewed by an immigration officer or a police officer about his or her identity or status,” reads the clause municipal police services could be enforcing.

Additionally, the Immigration Act makes provision for an immigration or police officer to take such a person into custody without a warrant, and take reasonable steps, as may be prescribed, to assist the person in verifying his or her identity or status, and thereafter, if necessary, detain him or her.

The Act also makes it a criminal offence for any person assisting an immigration or police officer to evade the stipulated processes or interfere with such processes.

Sellers of second-hand goods could now be subjected to routine inspections by municipal police services to demand a certificate of registration relating to those premises, register, record, book or other document relating to the goods in or on the premises for inspection or for the purposes of obtaining copies thereof or extracts.

They can also demand to see any goods found in or on such premises for examination or explain any entry or absence of any entry in any register, book, record or document found.

Municipal police services will be allowed to enter, search and seize on the authority of a warrant issued to have access to any document or information that pertains to an investigation and is in the possession or under the control of anyone on the premises that may be used as evidence of a contravention of any provision of the Second-Hand Goods Act.

They will be able to seal or seal off the premises at, on, or in which second-hand goods are found, to prevent a person from conducting business in contravention of the Act.

Another proposal in line with recent amendments to the Domestic Violence Act allows municipal police services to enter private dwellings for purposes of obtaining evidence should they receive reports that an offence containing an element of physical violence has allegedly been committed.

The SAPS has given interested parties 60 days from June 10 to comment on the proposals.

Cape Times