The long-awaited changes to the law governing the use of lethal force have at last been approved by the Cabinet and will shortly be made public, chief government spokesman Themba Maseko said yesterday. The government announced more than a year ago its intention to revise section 49 of the Criminal Procedure Act in the middle of a welter of intemperate statements from members of the executive that police should shoot to kill and fight fire with fire.
It is understood that the substance of the provisions for when and how police may use lethal force will remain unchanged as there is a Constitutional Court ruling on this. The changes are apparently mainly the language in the Criminal Procedure Act.
At present, the law provides that lethal force may be used in defence of one's life or the lives of others but not to stop a fleeing suspect unless there is a probability that the individual has committed violent crimes or is likely to commit such crimes.
Mr Maseko said: "The bill aims to amend section 49 of the Criminal Procedure Act, that regulates the use of force when effecting the arrest of a suspect in a criminal matter, in order to bring the section in line with the judgment of the Constitutional Court in the Walters case. "The court stated, among other things, that shooting a suspect solely in order to carry out an arrest is permitted in very limited circumstances. The bill strives to provide greater legal certainty to police regarding circumstances under which force may be applied when attempting to make an arrest, and the nature of the force that may lawfully be used in the process."
Mr Maseko said the Cabinet had welcomed the crime statistics that were released last week by Police Minister Nathi Mthethwa. The crime statistics for 2009-10 showed a drop in the murder rate but also that house and business robberies had continued to rise. "The statistics highlighted the progress the country was making in the fight against crime and were a tangible indication of government's commitment to create a safe society," he said. "Government will continue to work tirelessly to ensure the safety of our citizens. Government acknowledges and welcomes the role played by communities, civil society and the business community in the fight against crime."
The collaboration between the police and the various partners in the fight against crime, Mr Maseko said, should be strengthened in order to achieve the target of reducing the crime rate by 7% a year.
Source: All Africa
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