The recent shoot-to-kill comments by a deputy minister display disrespect for the country’s Constitution, the Wits Centre for Applied Legal Studies said on Friday.
The centre also deplored African National Congress president Jacob Zuma’s support for the remarks by Deputy Minister of Safety and Security Susan Shabangu.
”Her comments and Mr Zuma’s alleged support … are in direct contravention of the Criminal Procedure Act [CPA] as amended in 1998, and display a worrying disrespect for the Constitution and the rule of law,” the centre said in a statement.
Earlier this month, Shabangu told police at an imbizo (meeting) in Danville that they should kill criminals if the criminals threaten police or the community.
”I want no warning shots. You have one shot and it must be a kill shot. If you miss, the criminals will go for the kill. They don’t miss,” she said.
Addressing a Chambers of Commerce and Industry of South Africa conference on Wednesday, Zuma supported her call for police to use lethal force.
”In this war against crime we reiterate that our laws must bite. They must favour the victims of crime and be unsympathetic to those who deliberately seek crime as their employment,” he said.
The Wits centre said the CPA provides an appropriate balance between everyone’s rights to life — the freedom and security of a person on one hand, and the need for the police to tackle crime on the other hand.
”The rights to life and freedom and security of the person are two of the most important rights in the country and in any society. Without these guarantees, indiscriminate killing is sanctioned.”
Though police often work in difficult circumstances, they should not be encouraged to act outside the law.
”Improved police training, sensitisation to their role and responsibilities, logistical support and encouraging an ethos of legality are a few of the many more effective ways to capacitate the police to deal with crime and criminals,” the centre said. — Sapa