The shooting of civilians by the police started at least three years ago and cannot be attributed to recent ”sensational” media reports, the secretary of police said in Cape Town on Friday.
Jenny Irish-Quobosheane, the public’s representative in the police department, told journalists in Parliament the ministry had noticed an increased number of shootings of civilians by police officers in the past three years.
”Those shooting haven’t just started in last couple of months,” she said.
”Over the last three years the ministry has noticed an increased number of shootings of civilians by police officers. So I don’t think you can attribute those to what is being printed quite sensationally in the media.”
Reports of civilians being shot dead increased sharply since government ministers told the police they should take a tougher line on criminals.
In a recent case, a police constable was arrested for allegedly shooting dead three-year-old Atlegang Aphane in Midrand. The constable had apparently mistaken a metal pipe the child was holding for a gun.
In a speech on Thursday, Deputy Police Minister Fikile Mbalula said it was unavoidable for civilians to die in the crossfire between police and criminals.
”In the course of any duty the innocent will be victimised,” Mbalula told reporters in Parliament.
”In this particular situation where you are caught in combat with criminals, innocent people are going to die not deliberately, but in the exchange of fire. They are going to be caught on the wrong side, not deliberately, but unavoidably.
”Yes. Shoot the bastards. Hard-nut to crack, incorrigible criminals.”
Irish-Quobosheane said the ministry was strengthening the Independent Complaints Directorate to deal with the shootings and effects were already being seen. The officer arrested and denied bail for Aphane’s murder was a case in point.
Separate legislation for the ICD to be introduced in the new year would further strengthen it.
The ICD’s annual report released some months ago blamed the shootings on, among others, poor training and jumpiness by the police due to being regularly shot at.
President Jacob Zuma said the government planned to ”expedite” changes to Section 49 of the Criminal Procedure Act in a bid to ”limit the number of police killed by criminals”.
According to Section 49, if someone suspected of a serious crime resists arrest, the police may ”use such force as may in the circumstances be reasonably necessary to overcome the resistance or prevent the person concerned from fleeing”.
It also gives police the right to use lethal force if their lives or those of innocent bystanders are in danger.
Police Minister Nathi Mthethwa, Mbalula and national commissioner Bheki Cele have all suggested the act puts too heavy a discretionary burden on the police.
Justice Minister Jeff Radebe, who attended the briefing on Friday, said Section 49 was being amended so there would be ”no ambiguity” on how police should behave themselves in situations where they may have to use force.
”People are trying to explain Section 49. Let’s wait until we get wording that chief state law advisors are devising. That hopefully will be in line with guidelines the Constitutional Court has indicated.
The procedures he said, ”will be yardstick to police how to behave under those trying circumstances”.
Deputy Justice Minister Andries Nel said the government ”regrets” the death of every innocent victim of crime.
”We are simply saying to the police, do your work,” he said.
”Do your work vigorously with dedication, within bounds of law. Where law said the use of force and deadly force is warranted, do that and have no reservations, but do it within bounds of law.” — Sapa