Cops’ lethal force plan

[marine1]

While I was always in support of this changing, I am not so sure now.
Section 49 weakened the police overnight, it made the criminals a stronger force and made the cops and the law weaker.

I just worry about more abuse and the future plan of this corrupt gvt.

http://www.iol.co.za/news/cops-lethal-force-plan-1.1102696


Police could be given a licence to kill if a proposed amendment to Section 49 of the Criminal Procedure Act is given the nod by Parliament in coming months.

The changes could mean police officers would have more power to use lethal force at their discretion during the arrest of alleged criminals.

David Bruce, an independent researcher based at the Centre for the Study of Violence and Reconciliation, said the law, as it stands, prescribed that police could only use lethal force to arrest a criminal if they were likely to pose an imminent danger to people.

The amendment to the Act could allow police officers to use lethal force to effect the arrest of hardened criminals, alleged to have committed serious and violent offences, irrespective if they posed an imminent danger to people or not.

Senior law lecturer at Unisa, Dr Rudolph Zinn, who specialises in police practice, said presently Section 49 was “too vague” and gave no clear indication as to how and when police officers could use their guns.

If approved, the amendment will support National Police Commissioner General Bheki Cele’s policy for officers to use lethal force in a correct manner when arresting hardened criminals and defending themselves, said Zinn.

It could also serve as a deterrent to police killers.

He said that before 1994, more than 200 police officers were killed annually in the line of duty. This figure has significantly dropped, but Zinn believes more needs to be done to further reduce the number of officers killed.

“Research shows many of the officers are killed while off duty. In most instances they are killed for their firearms,” he said.

If the draft amendment was approved it would give police officers more flexibility to use their weapons and force when defending themselves, Zinn said.

But he warned that police officers would need more training and discipline to ensure the legislation was not abused or led to increased police brutality, before the amendment was passed.

A national summit on police killings, convened by Police Minister Nathi Mthethwa two weeks ago, urgently addressed the issue of police killings in the country.

Various stakeholders from government, anti-crime activists and police unions met to discuss ways of winning the war against police killers. Mthethwa said the high murder rate of officers affected the morale of other officers and traumatised their families.

Cele told stakeholders that professional operatives, who planned their operations with military precision, were responsible for the killings. He described these criminals as “not your run-of-the mill thugs, who simply wake up one day and decide they are going out on a score”.

Crime statistics show that since January this year, 50 officers have been killed, 12 from KZN.

Provincial commissioner, Lieutenant-General Mmamonnye Ngobeni, said last week her policemen and women were facing the most dangerous and lawless criminals in the country.

National statistics reflect Gauteng has the highest number of police deaths with KZN second.

From 2003 to 2011 more than 200 police officers were killed in Gauteng and 179 in KZN.

In the latest incident, Lt Col Mokabane, 49, was found murdered on an isolated road in Groblersdal, on Sunday. He had been assaulted and shot. It appeared as if a vehicle had driven over him, police said

 

[The_Unbeliever]

This is just stepping stones to a new world order.

Welcome to the future.

 

[marine1]

This is just stepping stones to a new world order.

Welcome to the future.

Very dangerous times in this country, if we had less of a corrupt government and less Julius Malema types who will be the future leaders, I would be ok with this........Very worrying

 

[R/SGT]

I can see that there is going to be a massive uproar about this, but before we all run off half cocked here is what the current sections says

Section 49 has now been amended by section 7 of the Judicial Matters Second Amendment Act 122 of 1998.

It reads as follows:
2. If any arrestor attempts to arrest a suspect and the suspect resists the attempt, or flees, or resists the attempt and flees, when it is clear that an attempt to arrest him or her is being made, and the suspect cannot be arrested without the use of force, the arrestor may, in order to effect the arrest, use such force as may be reasonably necessary and proportional in the circumstances to overcome resistance or to prevent the suspect from fleeing:

Provided that the arrestor is justified in terms of this section in using deadly force that is intended or is likely to cause death or grievous bodily harm to a suspect, only if he or she believes on reasonable grounds-

(a) that the force is immediately necessary for the purpose of protecting the arrestor, any person lawfully assisting the arrestor or any other person from imminent or future death or grievous bodily harm;

(b) that there is a substantial risk that the suspect will cause imminent or future death or grievous bodily harm if the arrest is delayed; or

(c) that the offence for which the arrest is sought is in progress and is of a forcible and serious nature and involves the use of life threatening violence or a strong likelihood that it will cause grievous bodily harm."

I am curious as to what the proposed amendments are as according to this article it will still be up to the officer on the ground whether or not to use deadly force and said officer had also better be able to prove it otherwise he will be in deep ****

I also consider the wording rather dramatic since SAPS members have been able to use deadly for since their inception so that is actually nothing new.

I heartily agree with this statement and believe it should be done regardless of whether the amendment is passed or not

But he warned that police officers would need more training and discipline to ensure the legislation was not abused or led to increased police brutality, before the amendment was passed.

As for been a stepping stone for the new world order, come on isn’t that just a little dramatic

I feel that people should be more concerned with the caliber of officer within the SAPS rather than the legislation (Not that we shouldn’t be concerned with it) as it is up to the officers to enforce and carry out these laws.

That is also why people should report all instances where they feel that the police have stepped over the line and if nothing is done then go about bringing it into the public eye.