Madlanga Commission findings could force major rethink of South Africa's police reform Bill - IOL

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The Portfolio Committee on Police is backing the withdrawal of the South African Police Service (SAPS) Amendment Bill until the finalisation of the Madlanga Commission and Parliamentary Ad Hoc Committee processes.

The Portfolio Committee on Police is backing the withdrawal of the South African Police Service (SAPS) Amendment Bill until the finalisation of the Madlanga Commission and Parliamentary Ad Hoc Committee processes.

The Portfolio Committee on Police announced on Wednesday that it strongly supports the withdrawal of the South African Police Service (SAPS) Amendment Bill. 

Committee chairperson Ian Cameron said the proposed withdrawal would allow time for recommendations from the Madlanga Commission and Parliamentary Ad Hoc Committee to be considered.

Cameron said the committee believed incorporating these recommendations is necessary because they may include proposals that directly affect the Amendment Bill's provisions. 

“Reforms within the SAPS should not be undertaken in a piecemeal manner but should instead be broad and inclusive,” said Cameron. 

Cameron added that the committee was aware of delays in finalising the Amendment Bill, which have affected the SAPS's effective functioning. 

The committee argued that continuing with the Amendment Bill before the Madlanga Commission and the Parliamentary Ad Hoc Committee recommendations are made could result in unnecessary and potentially wasteful expenditure, because the legislative process would have to be revisited to accommodate the recommendations. 

“As public representatives, it is important that we make judicious decisions that safeguard the public purse, particularly considering that the Bill will have to undergo an extensive and costly public participation process,” Cameron said.

The committee emphasised that the SAPS Amendment Bill was still necessary and urgent, but the legislative process should deliver comprehensive reforms that address systemic challenges within SAPS. 

The South African Police Service Amendment Bill (B18-2026) was first introduced on 10 June 2026 to amend the South African Police Service Act of 1995, including its definitions and purpose. 

The Bill aims to remove provisions related to the Civilian Secretariat for the Police Service. The Civilian Secretariat is a technical adviser to the Minister of Police, providing transversal civilian oversight of the SAPS's governance, service delivery, and resourcing.

The Bill seeks to establish the SAPS as a single national police service, aligning with section 199(1) and section 205(1) of the Constitution. It also seeks to strengthen rules governing the municipal police services, including their establishment, powers, functions and oversight, and to provide for municipal police chiefs and municipal public order policing capacity.

The Amendment Bill also seeks to ensure that new municipal recruits submit a DNA sample for DNA profiling, which will be included in the Elimination Index. It also amends provisions on police conduct, including ensuring that the use of force is reasonably necessary and proportionate in the circumstances. New SAPS members will undergo integrity testing and lifestyle audits. 

The Bill aims to further regulate the roles of the National and Provincial Police Commissioners by creating a Management Forum and a national policing coordinating committee. It also seeks to provide a provision allowing the National Commissioner to set up an inquiry should they lose confidence in the Deputy Commissioner. 

The SAPS Amendment Bill also seeks to establish and fund a National Policing Advisory Committee, with a Secretariat, to advise the National Commissioner on issues such as selection criteria for the appointment and promotion of SAPS members and the professionalisation of the SAPS. 

With regard to the Directorate for Priority Crime Investigation (Hawks), the Bill seeks to allow Hawks members to serve outside South Africa. The Bill will also allow the Hawks to deviate from national instructions and set specific service arrangements for its personnel. 

The Bill aims to repeal the current provisions for community policing forums and boards, and replace them with new regulations for forums and provincial boards. 

The Amendment Bill proposes introducing new criminal offences, such as the unlawful possession or use of blue lights on unauthorised vehicles; creating hoaxes or spreading false information; and police members’ involvement in investigations while having a conflict of interest. 

Original Source
https://iol.co.za/news/politics/2026-11-12-madlanga-commission-findings-could-force-major-rethink-of-south-africas-police-reform-bill/
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