| (1) |
Any municipality may in the prescribed manner apply to the member of the Executive Council for the establishment of a municipal police service for its area of jurisdiction. |
| (2) |
The member of the Executive Council may, subject to subsection (3) and such conditions as he or she may determine, approve an application for the establishment of a municipal police service if— |
| (a) |
the application complies with the prescribed requirements; |
| (b) |
the municipality has the resources at its disposal to provide for a municipal police service which complies with the national standards on a 24-hour basis; |
| (c) |
traffic policing services by the municipality will not be prejudicially affected by the establishment of a municipal police service; |
| (d) |
proper provision has been made by the municipality to ensure civilian supervision of the municipal police service; and |
| (e) |
the establishment of the municipal police service will improve effective policing in that part of the province. |
| (3) |
The member of the Executive Council may approve the application only— |
| (a) |
after consultation with the National Commissioner; |
| (b) |
after consultation with the metropolitan council if the municipality falls in the area of jurisdiction of a metropolitan council; and |
| (c) |
with the approval of the member or members of the Executive Council responsible for local government, finance, transport and traffic matters, or where no such member or members have been appointed, the Premier or the member or members of the Executive Council to whom those responsibilities have been assigned by the Premier. |
| (4) |
If the application for the establishment of a municipal police service is approved by the member of the Executive Council, the member shall establish the municipal police service by notice in the Gazette. |
| (5) |
The establishment of a municipal police service shall not derogate from the functions of the Service or the powers and duties of a member in terms of any law. |
| (6) |
All expenditure incurred by or in connection with the establishment, maintenance and functioning of a municipal police service shall be for the account of the municipality in question. |
[Section 64A inserted by section 3 of Act No. 83 of 1998]
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