oa Crime Research in South Africa - Use of deadly force by the South African Police Services re-visited.
|Article Title||Use of deadly force by the South African Police Services re-visited.|
|© Publisher:||Criminological and Victimological Society of Southern Africa (CRIMSA)|
|Journal||Crime Research in South Africa|
|Author||Malebo J. Keebine-Sibanda and Omphemetse S. Sibanda|
|Publication Date||Jun 2003|
|Pages||1 - 6|
Duties of the South African Police Services (SAPS), as espoused in section 205(3) of the Constitution Act 108 of 1996, include to 'prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold the law'. In terms of section 38 of the Criminal Procedure Act (CPA) 51 of 1977 arrest is one the SAPS' modus operandi in the prosecution of its crime prevention or combat duties. The million-dollar question has always been, and still is, whether it is justifiable and constitutional to the use of force, in particular deadly force, in order to secure the arrest of a person or to control and/or prevent crime. The question is more pressing particularly that section 11 of the Constitution guarantees everyone the right to life, even those who find themselves on the wrong side of the law (S v Makwanyane 1995 (3) SA 391 (CC); 1995 (2) SACR 1 (CC). It is therefore incumbent on the SAPS to respect the Constitutional rights of all men to liberty, equality and justice.
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