Public Protector finds Gauteng Crime Prevention Wardens ‘irregular and unconstitutional’

The finding that was release late on Wednesday, also found that the programme lacked proper legal grounding and regulatory oversight.

The finding came hours after Gauteng Premier Panyaza Lesufi had announced the phased disbandment of the controversial unit, which had been central to his administration’s high-profile Nasi Ispani jobs programme.

Gcaleka confirmed that her investigation stemmed from a complaint lodged by Advocate Paul Hoffman.

“The wardens were established not in line with applicable legislation and therefore had to be regulated,” Gcaleka told the SABC News. 

“Our investigation found that the decision-making process was undertaken by functionaries in the Department of Community Safety, not the Premier himself — but that process was inconsistent with the law.”

The Public Protector’s report found that officials misinterpreted legal provisions governing the creation of provincial law enforcement structures and failed to ensure compliance with national policing legislation.

“It is most obviously the legal team that advised on the provisions and the accounting officer within community safety who were involved in the process,” Gcaleka said.

“There is no evidence of malicious intent, but appropriate training and competency upliftment is required to ensure that the legal division correctly interprets the law and advises appropriately.”

While she acknowledged Gauteng's urgent need to address rising crime, Gcaleka said the initiative’s implementation was irregular.

“We recognise that Gauteng faces high crime levels and that the project was intended to enhance policing capacity. However, the challenge was how the wardens were regulated, where they were placed, and under what authority they operated."

She added that her office had already communicated remedial action in June, instructing the Gauteng government to properly regulate and align the project with existing laws.

Lesufi’s response and disbandment

Hours before the report was released, Premier Lesufi held a media briefing announcing that the CPWs would be disbanded in phases.

He said most wardens would be absorbed into other law enforcement structures, including the Gauteng Traffic Police and municipal bylaw enforcement units.

“We are doing this because we believe their work has shown how much they are needed in our communities, as a government, we want to focus on fighting crime rather than squabbling over mandates or being trapped in turf wars among law enforcement agencies.”

The CPWs were launched in 2023 as part of Lesufi’s mass employment initiative, aimed at improving community safety in townships and informal settlements.

However, the programme came under intense scrutiny after KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi told Parliament earlier this month that the unit was “illegal and against the law.”

“I raised that in the police board of commissioners and said this is illegal. It cannot be done,” Mkhwanazi told MPs. 

“Minister Cele refused to sign off on it, and as a result, the unit could not be incorporated into the Police Act.”

The Gauteng Provincial Government had initially rejected those claims, saying the wardens were “a legitimate and lawfully designated crime prevention unit.”

But Gcaleka’s report now confirms that the formation and deployment of the wardens fell outside the framework of the Constitution and national policing laws.

The Public Protector’s remedial action directs the Gauteng Department of Community Safety to ensure proper legislative compliance, oversight mechanisms, and legal training for officials involved in policy development and implementation.

While Gcaleka stopped short of recommending disciplinary action, she emphasised the need for systemic correction rather than punishment.

“The Public Protector does not always have to be punitive, we look at what happened, what should have happened, and how we can remedy it.”

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