KwaZulu-Natal Police Commissioner Declares Gauteng's AmaPanyaza Unit Unconstitutional

Top Police Official Questions Legality of Provincial Crime Unit

Lieutenant-General Nhlanhla Mkhwanazi, the KwaZulu-Natal Provincial Police Commissioner, has ignited a significant debate by claiming that the Gauteng Crime Prevention Wardens, commonly known as 'AmaPanyaza', are operating unconstitutionally. Mkhwanazi made these assertions during his testimony before Parliament's Ad Hoc Committee investigating police corruption on October 8, 2025, stating that the unit 'should not exist' under current laws.

According to Mkhwanazi, he previously raised concerns about the unit's legality at the SAPS Board of Commissioners (BOC). He indicated that SAPS Legal Services subsequently concurred with his assessment, concluding that the unit could not be incorporated into the Police Act. He further revealed that former Police Minister Bheki Cele had refused to approve the unit, leading to reported friction with Gauteng Premier Panyaza Lesufi.

Gauteng Government Defends AmaPanyaza's Legal Standing

In response to Mkhwanazi's statements, the Gauteng Provincial Government swiftly dismissed the claims, asserting that the AmaPanyaza unit is both 'legitimate and lawful'. Spokesperson Elijah Mhlanga highlighted that the wardens were officially designated as peace officers by then-Justice Minister Ronald Lamola in December 2023. This designation was made under Section 334 of the Criminal Procedure Act of 1977, granting them the 'same legal status as Gauteng traffic officers'.

The provincial government maintains that the initiative is firmly rooted in the principles of cooperative governance and aligns with the province's constitutional obligation to ensure the safety of its residents. Premier Panyaza Lesufi has consistently defended the unit, emphasizing its crucial role in enhancing public safety.

Purpose and Controversy Surrounding the Unit

The AmaPanyaza unit was established by Gauteng Premier Panyaza Lesufi in 2022/2023 as part of the Nasi Ispani mass recruitment programme. Its primary objectives are to bolster safety, reduce crime rates, and create employment opportunities for young people in Gauteng. The wardens primarily operate in townships, informal settlements, and hostels (TISH areas), providing visible policing and aiming to improve response times.

The unit was conceived to support the existing South African Police Service (SAPS), particularly in areas with limited police presence, addressing a reported police-to-citizen ratio of one officer for every 541 residents in Gauteng. However, the unit has faced criticism beyond its legal standing, including concerns about:

• Inadequate training, initially reported as only three months.
• Allegations of abuse and incidents where wardens reportedly assaulted residents or conducted unlawful searches.
• Accusations from the Economic Freedom Fighters (EFF), led by Gauteng chair Nkululeko Dunga, who have long argued that the unit lacks a legal basis and serves as a 'jobs for votes' scheme.

Ongoing Debate on Policing Structures

Mkhwanazi's testimony underscores broader tensions regarding parallel law enforcement structures and their potential impact on the authority of the SAPS. The debate highlights the complexities of crime prevention strategies in South Africa, particularly the balance between provincial initiatives and national policing frameworks. The Gauteng government points to successful models like the Western Cape's Law Enforcement Advancement Plan (LEAP) as precedents for such cooperative policing efforts.