Minister of Police and Others v Premier of the Western Cape and Others

Following complaints by civil society organisations about widespread police inefficiency, high crime levels and a breakdown in relations between the South African Police Service (SAPS) and the Khayelitsha community, the Premier of the Western Cape appointed a provincial commission of inquiry. The commission was established under section 206(3) and (5) of the Constitution, read with section 127(2)(e) and the Western Cape Provincial Commissions Act, and was empowered to subpoena witnesses, including SAPS members. The Minister of Police, National Commissioner and other SAPS officials challenged the Premier’s authority to appoint such a commission with coercive powers over SAPS, arguing that policing is a national competence and that the Premier had acted unlawfully and contrary to principles of cooperative governance.

The application by the Minister of Police and others was dismissed. The appointment of the Khayelitsha Commission of Inquiry and its subpoena powers were declared constitutionally valid.

The case clarifies the constitutional balance of power between national and provincial spheres in relation to policing. It affirms that provinces have meaningful oversight powers over SAPS, including the ability to establish commissions of inquiry with coercive powers. The judgment strengthens accountability mechanisms in policing and clarifies the scope of section 206 of the Constitution.