Proposed Changes to Limit Unwarranted Shootings Spark Debate on Police Accountability
Section 49 of the Criminal Procedure Act in South Africa, which governs the use of deadly force by police officers, is currently under review by the South African Law Reform Commission. The proposed changes aim to tighten the regulations on how and when officers can use lethal force during an arrest, with the goal of reducing instances of unwarranted shootings.
Gareth Newton from the Institute for Security Studies highlighted that the laws surrounding self-defence and defence of others remain unaffected by the proposed amendments. However, the controversy lies in the fact that the current law allows police to shoot at someone who is not posing an immediate threat, raising concerns about the potential for officers to mistakenly target innocent individuals.
The ongoing debate centers around whether the existing law provides sufficient safeguards to ensure that police are accurately identifying and targeting suspects. As part of a broader review of legal aspects, there is also discussion about the need for a law that permits anyone, not just police officers, to use deadly force against individuals who are not an immediate threat.
The Criminal Procedure Amendment Bill
In 2010, the Department of Justice and Constitutional Development introduced the Criminal Procedure Amendment Bill, which aimed to further amend Section 49 of the Criminal Procedure Act. This led to the enactment of the Criminal Procedure Amendment Act in 2012, which included changes to the section.
The current proposal suggests amending the law to allow an arrestor to use force, including deadly force, if necessary and proportional, when attempting to arrest a suspect who resists or flees. However, the use of deadly force is only permitted if the suspect poses an immediate threat of serious harm or is suspected of a serious crime with no other means of arrest available.
Self-Defence Training for Police
In addition to the proposed amendments, the South African Law Reform Commission emphasizes the importance of improving police training, particularly in self-defence and de-escalation techniques. The goal is to equip officers with the necessary skills to handle confrontations effectively and prevent situations from escalating into violence.
Recent incidents in KwaZulu-Natal have reignited concerns about police using excessive force, prompting calls for better training and accountability measures. The issue of police accountability has been a longstanding challenge in South Africa, with calls for stronger oversight mechanisms to hold officers accountable for their actions.
The Need for Accountability
Gareth Newton emphasized the crucial need for greater accountability in the application of laws governing the use of force by police officers. He pointed out that the current accountability mechanisms, including the Independent Police Investigative Directorate (IPID), are inadequate and underfunded, leading to a lack of consequences for police misconduct.
Professor Witness Maluleke, a criminologist at the University of Limpopo, stressed the importance of distinguishing between minimum and maximum force in police operations. He raised concerns about the potential escalation of violence between police and criminals if accountability measures are not strengthened.
As the debate on proposed changes to Section 49 of the Criminal Procedure Act continues, the focus remains on striking a balance between empowering law enforcement to maintain public safety while ensuring that accountability measures are in place to prevent abuse of power.
