Khayelitsha Commission
Khayelitsha Commission
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Khayelitsha Commission

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Khayelitsha Commission

The Khayelitsha Commission, also known as the O'Regan/Pikoli Commission, was a commission of inquiry appointed in 2012 by Premier of the Western Cape Helen Zille to investigate allegations of police inefficiency in Khayelitsha and the breakdown in relations between the Khayelitsha community and the police. The commissioners were former Constitutional Court Justice Kate O'Regan and former National Director of Public Prosecutions Vusi Pikoli. It published its final report in 2014.

(5) In order to perform the functions set out in subsection (3), a province

a. may investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community; and
b. must make recommendations to the Cabinet member responsible for policing.

- Section 206 of the Constitution of South Africa

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.

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. The complaint pointed out that reported instances of serious crimes such as murder and attempted murder had increased greatly since 2009 and that most property crimes are not reported due to a lack of trust by the community in the police. Between 2001 and 2009 the number of criminal cases opened against the police increased by 363%. It also included a number of detailed case studies illustrating serious systemic failures in the functioning of the criminal justice system that led to a loss of public trust in the police.

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. National politics also played a role as the Western Cape province was governed by the Democratic Alliance whilst the national government (which has control over the police) was ruled by the African National Congress.

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