Khayelitsha Commission

- Section 206 of the Constitution of South Africa[1] From 2003 to 2012 community-based organisations in Khayelitsha held over 100 demonstrations, pickets, marches, and submitted numerous petitions and memorandums to various levels of government to improve the situation.

[2] In January 2012 the Social Justice Coalition (SJC) lodged a formal complaint with the Western Cape Government detailing the accusations of SAPS's failures to provide basic policing services to the people of Khayelitsha.

[2] Allegations levelled against the South African Police Service (SAPS) included: The SJC's complaint called for the Premier of the Western Cape Helen Zille to use her constitutional powers to appoint a commission of inquiry.

NGOs primarily involved were the Social Justice Coalition, Equal Education, Free Gender, Ndifuna Ukwazi, the Treatment Action Campaign, the Triangle Project and the Women's Legal Centre.

[3] In repose to Zille's appointment of the commission, national Minister of Police Nathi Mthethwa filed an application in the Western Cape High Court for an interdict to suspend the inquiry.

[10] From 2003 to 2012 community-based organisations in Khayelitsha have held over 100 demonstrations, pickets, marches, and submitted numerous petitions and memorandums to various levels of government to improve the situation.

ANC provincial leader Marius Fransman stated that “We’ve said before what is required in Khayelitsha among others are better street lighting, the alleviation of densely populated formal and informal areas in Khayelitsha, as well as bigger budgets being allocated for proper services.”[15] It has however been pointed out that costs would not have been so high had the national Minister of Police Nathi Mthethwa (an ANC member) not filed for an interdict to suspend the inquiry and take it to the Constitutional Court.

[16] In response to repeated requests from civil society, Helen Zille released a 22 page confidential letter from national police commissioner Riah Phiyega.

DOCS went on to state that it will assist in the establishment and running of an oversight team to monitor the implementation of the commission's findings and recommendations.

[19] In 2018, four years after the commission had made its recommendations, the number of murders had increased from 353 in 2014 to 397 whilst the provision of security lighting by the municipality was still inadequate.

Judge O'Regan, Adv. Pikoli (centre table); Dan Plato and Helen Zille (left table), at the Khayelitsha Commission handover ceremony
Judge O'Regan (right) and Adv. Pikoli (left) at the Khayelitsha Commission in Cape Town on February 23, 2014
The official handover of the Khayelitsha Commission's findings to the Premier of the Western Cape Helen Zille .
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