The police do not have a licence to kill, President Jacob Zuma said on Friday.
”I have noted continuing media reports about the use of force by the police, which has at times led to the tragic loss of life, including the lives of children,” Zuma said in a statement.
”No police officer has permission to shoot suspects in circumstances other than those provided for by law. The law does not give the police a licence to kill.”
Reports of civilians being shot dead by the police have increased sharply since Zuma and some of his ministers urged the police they should take a tougher line on dealing with criminals.
In a recent case, a police constable was arrested for allegedly shooting dead three-year-old Atlegang Phalane 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 that civilians would 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.”
Zuma said the comments made by government leaders ”in no way constituted an instruction to deviate from the law”.
”Comments that I and other government leaders have made about the need to clarify the conditions under which police may use lethal force in no way constitute an instruction to deviate from what is contained in law,” he said.
”We have stated our position very clearly. It is the duty of the police to protect all people against injury or loss of life.”
”But when their lives or the lives of innocent civilians are threatened, police sometimes have no choice but to use lethal force to defend themselves and others.”
Zuma said he was concerned ”by the tendency” to reduce government’s anti-crime strategy to the amendment of Section 49 of the Criminal Procedures Act, saying the government had a comprehensive strategy to revamp the criminal justice system.
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.
”The Minister of Police, Nathi Mthethwa, has made this point repeatedly, that our strategy is comprehensive and effective,” Zuma said.
”Our government has placed crime at the top of its agenda. We want to reduce serious and violent crimes by the set target of seven to 10% per annum.”
”We have moved a step ahead to implement some of the undertakings made in the State of the Nation address to revamp the criminal justice system.”
The police personnel will be increased from 180,182 to 204,860 over the next three years, while the number of detectives will increase by more than 19 percent, Zuma said.
”Given the comprehensive nature of our fight against crime, it is tragically misleading to reduce our strategy and activities to the amendment of a section of one law.”
Police secretary Jenny Irish-Qhobosheane, the public’s representative in the police department, told journalists in Parliament that the police ministry had noticed an increased number of shootings of civilians by police officers for the past three years.
”Those shootings 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.”–Sapa