For over a decade, the Democratic Alliance (DA) has pleaded with Pretoria for devolved policing powers, only to be stonewalled by the African National Congress (ANC)’s obsession with centralized control. The Western Cape, cursed with the world’s highest violent crime rates, is a warzone of gang violence and organized crime syndicates, their influence infiltrating the state’s highest levels. A provincial referendum to secure a resounding public mandate for devolving police powers could trigger change and be the democratic uprising that saves our communities from bloodshed.
The DA’s Law Enforcement Advancement Plan (LEAP) has shown promise, reducing murders by 14.9% in targeted Cape Flats hotspots from April 2023 to April 2024, according to Western Cape government reports. Yet, LEAP is powerless without authority to arrest, manage dockets, or liaise with the National Prosecuting Authority (NPA). SAPS’s 300,000-case DNA backlog and a 5% conviction rate for 1,670 illegal firearms seized in Cape Town let gangsters mock justice. The Western Cape’s murder rate - 45 per 100,000 - surpasses global danger zones, with 83% of South Africa’s gang-related killings. Judge Daniel Thulare’s 2022 ruling exposed SAPS’s capture by criminals, from street cops to top brass as the unfolding saga between KwaZulu Natal Police Commissioner General Mkwanazi and Police Minister Senzo Mchunu continues to demonstrate.
Centralized policing isn’t failing; it’s betraying us.
Gang violence and syndicates are strangling our province. In early 2025, 58 people were shot in five days, 32 fatally, in gang warfare. The Anti-Gang Unit (AGU), gutted by underfunding, saw a 61% drop in detection rates since 2011/12. With 77% of Western Cape precincts understaffed - Grassy Park officers serve 1,800 residents each, six times the UN’s 300:1 ratio - SAPS is a hollow shell. A 2025 poll by the Cape Independence Advocacy Group showed 62.8% voter support for greater provincial autonomy, including policing as a top driver, signaling public appetite for local control. Senior officials like Ian Cameron and X accounts like @recon1_ZA amplify this rage, exposing SAPS’s collapse. The people demand action—why do Premier Alan Winde and the DA hesitate?
Devolution is achievable without constitutional change. Section 99 allows the Police Minister to assign functions like gang task forces or forensics to the province via agreement and presidential proclamation, requiring no parliamentary vote. Section 206(3) permits the Western Cape to pass provincial legislation for policing within national frameworks, as LEAP demonstrates, needing only provincial approval. Devolving investigative powers, crime intelligence, and ballistics to metro police could dismantle gang networks, bypassing SAPS’s failures, though this may require amending the SAPS Act with a simple parliamentary majority.
The ANC’s obstruction is political cowardice, not legal necessity.
Section 127(2)(f) of the Constitution allows the premier to call a referendum “in accordance with national legislation,” but legal interpretations conflict. Some, like Martin van Staden, argue the premier can act by “reading in” authority through Schedule 6, as the Referendums Act, 1983, could apply to premiers via constitutional intent. Others, like Dan Mafora, insist the Electoral Commission Act, 1996, limits referendums to the President, requiring new legislation like the Electoral Commission Amendment Bill (B15-2023), stalled since June 2023 in the Portfolio Committee on Home Affairs due to ANC resistance. The Cape Forum’s 2023 Constitutional Court case, dismissed in 2024 for lack of direct access, underscores this legislative gap.
A private referendum offers a powerful alternative. If credible, with independent observers verifying a free, fair vote and robust turnout, it would carry immense democratic weight, pressuring Pretoria to act despite lacking legal binding.
Civic organizations, NGOs, and community groups are already mobilizing, demanding change. Provincial control could double or triple the AGU’s R17 million budget, as seen with R46 million for school anti-gang programs, enabling forensic labs to cut backlogs by 30% (ISS estimates) and empowering Community Police Forums to disrupt 20% of gang operations.
The ANC’s grip and DA’s timidity must not silence us. A referendum - official or private - will force the provincial government to act.
Action Steps for a Referendum:
- Launch a Broad Campaign: Unite civic organizations, NGOs, and community groups in a province-wide referendum campaign, using social media, townhalls, and marches to raise awareness across all communities.
- Mobilize a Petition: Drive a petition with public inputs, partnered with civic and political groups, to demand B15-2023’s passage, amplifying pressure on the Home Affairs Committee for a 2026 vote.
- Organize a Private Referendum: If B15-2023 stalls, hold a private referendum by mid-2026, ensuring credible voter turnout and independent oversight (e.g., IEC observers) to establish a public mandate.
- Pressure the DA: Rally communities to demand Winde commit to a referendum, potentially using the 2026 local elections as leverage.
The Western Cape bleeds while Pretoria delays.
We must hold a referendum - public or private - to force policing devolution and crush gang violence. Civic groups and communities stand ready. Winde and the DA must act or face the people’s wrath at the polls.
Let’s act for our Cape’s safety.
* Originally published by Maroela Media
