Abstract
Prominent incidents of the misuse of lethal force have contributed to the issue becoming a focus of concern in South Africa during 2011. Proper control of the use of lethal force needs to be prioritised by the South African Police Service and other police agencies in South Africa because of the serious consequences that can result from its use, but also because it is so important to police safety. The legal framework relating to the use of lethal force is the subject of a Bill which is due to come before Parliament. There are various options for amending the law but irrespective of which ones are chosen, the end result is likely to be unsatisfactory. Improvements in the control of the use of lethal force and how professionally it is used by SAPS members will ultimately depend on a reorientation of the SAPS in its approach to managing the use of lethal force by its members. A use of force policy, and a new system for reviewing use of force incidents could form part of such a reorientation, with potential benefits for police and civilian safety and for overall police effectiveness. These changes would require the support of police leadership in order to be implemented effectively.
Highlights
Prominent incidents of the misuse of lethal force have contributed to the issue becoming a focus of concern in South Africa during 2011
Proper control of the use of lethal force needs to be prioritised by the South African Police Service and other police agencies in South Africa because of the serious consequences that can result from its use, and because it is so important to police safety
The legal framework relating to the use of lethal force is the subject of a Bill which is due to come before Parliament
Summary
Prominent incidents of the misuse of lethal force have contributed to the issue becoming a focus of concern in South Africa during 2011. Apart from the option of restricting the use of lethal force to defence situations, the other main alternative appears to be the principle that is embodied in the Bill currently before parliament This allows an arrestor to use lethal force if ‘the suspect is suspected on reasonable grounds of having committed a crime involving the infliction or threatened infliction of serious bodily harm and there are no other reasonable means of effecting the arrest, whether at that time or later’.15. The original source for this principle was a 1985 judgment of the US Supreme Court.[16] It has subsequently received approval from the Supreme Court of Appeal[17] and Constitutional Court,[18] thereby becoming part of South African law Though it has endorsement from such high authority, in reality it seems to provide greater leeway to the police, and to any member of the public, to use lethal force than does the current Section 49.19. The power to use lethal force for arrest should be limited to police, and the civilian power to use lethal force restricted to defence situations
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