Use of Deadly force by the SAP
CRIMINOLOGY AND CRIMINAL JUSTICE
AZA1282
TABLE OF CONTENT
1. INTRODUCTION……………………………………………………………… 3
2. USE OF DEADLY FORCE…………………………………………………… 3
3. THE CONSTITUTIONAL ERA………………………………………………. 4
4. OLD SECTION 49 VERSUS NEW SECTION 49…………………………..5
5. PRIVATE DEFENCE…………………………………………………………..5
6. PREVENTION OF CRIME…………………………………………………….6
7. FUNDAMENTAL HUMAN RIGHTS………………………………………….6
8. CONCLUSION…………………………………………………………………7
9. REFERENCES…………………………………………………………………8
INTRODUCTION
The responsibilities of the South African Police Services (SAPS), as taken up in section 205 of the Constitution Act 108 of 1996, includes to battle, prevent and the execute crimes, to keep the public in order, to safeguard and protect the people that live in the State and their properties, and also to support the law. In terms of section 38 of (CPA) 51 0f 1977 that is Criminal Procedure Act (CPA), arresting criminals is one of the SAPS “modus operandi” in the execution of its crime battle duties or prevention. The major question has always been whether it is constitutional and justifiable for the SAP to use force, especially deadly force, in order to arrest a person seen as a criminal or prevent or control crime. This question is even more pressing in mainly that section 11 of the Constitution guarantying every single person in a state the right to life, this include even those who find themselves doing wrong thing and breaking laws.
USE OF DEADLY FORCE
Before 1994, policing was described by the misuse of authority by the members of the erstwhile (SAP) South African Police. In this particular time, the political state characterised by the liberty struggle led to the South African police being used as an instrument of total control and cause of the apartheid regime. The very quick spread of the use of force in arrests, imprisonment without trials, police forays in the towns, detention without trial, a lot of
AZA1282
TABLE OF CONTENT
1. INTRODUCTION……………………………………………………………… 3
2. USE OF DEADLY FORCE…………………………………………………… 3
3. THE CONSTITUTIONAL ERA………………………………………………. 4
4. OLD SECTION 49 VERSUS NEW SECTION 49…………………………..5
5. PRIVATE DEFENCE…………………………………………………………..5
6. PREVENTION OF CRIME…………………………………………………….6
7. FUNDAMENTAL HUMAN RIGHTS………………………………………….6
8. CONCLUSION…………………………………………………………………7
9. REFERENCES…………………………………………………………………8
INTRODUCTION
The responsibilities of the South African Police Services (SAPS), as taken up in section 205 of the Constitution Act 108 of 1996, includes to battle, prevent and the execute crimes, to keep the public in order, to safeguard and protect the people that live in the State and their properties, and also to support the law. In terms of section 38 of (CPA) 51 0f 1977 that is Criminal Procedure Act (CPA), arresting criminals is one of the SAPS “modus operandi” in the execution of its crime battle duties or prevention. The major question has always been whether it is constitutional and justifiable for the SAP to use force, especially deadly force, in order to arrest a person seen as a criminal or prevent or control crime. This question is even more pressing in mainly that section 11 of the Constitution guarantying every single person in a state the right to life, this include even those who find themselves doing wrong thing and breaking laws.
USE OF DEADLY FORCE
Before 1994, policing was described by the misuse of authority by the members of the erstwhile (SAP) South African Police. In this particular time, the political state characterised by the liberty struggle led to the South African police being used as an instrument of total control and cause of the apartheid regime. The very quick spread of the use of force in arrests, imprisonment without trials, police forays in the towns, detention without trial, a lot of
References: Basic principles on the Use of Force and Firearms by law Enforcement Officials, Eight United Nations Congress on the Prevention of Crime and the Treatment of offenders. (1990). Havana, 27th August to 7th September, U.N.Doc.A/CONF.144/28/Rev.1 at 112. Burchell, J, M. (1997). South African Criminal Law and Procedure Vol 1: General Principles of Criminal Law. 3rd edition. Rogers, J. (1998). “Justifying the Use of Firearms by Policemen and Soldiers: a Response to Home Office’s Review of the use of lethal force”. Legal Studies; 18 (4): 486 – 509. Smith, J, C. (1994). “The Right to Life and the Right to Kill in Law Enforcement”. New Law Journal. 354. Snyman, C, R. (1995). Criminal Law. Durban: Butterworths Publisher. 3rd Edition. Steytler, N. (1998). Constitutional Criminal Procedure: A Commentary on the South African Constitution of 1996. Durban: Butterworths. Watnet, M. (1999). “To shoot… or not to shoot - the changing face of s 49 of the Criminal Procedure Acr 51 of 1977”. De Rebus. 28