The South African Police Service (SAPS) has reiterated that the use of lethal force remains a “last resort”, following parliamentary scrutiny over the growing number of incidents involving police officers fatally wounding suspects during arrests.
In response to a parliamentary question by Economic Freedom Fighters representative Mathibe Mohlala, the Minister of Police, Senzo Mchunu, outlined the legal framework governing the use of force, emphasising that police officials are authorised only to use the minimum level of force that is reasonably necessary and proportional to the situation.
Minister Mchunu referenced several legislative instruments, including Section 13(3) of the South African Police Service Act (1995) and Section 49 of the Criminal Procedure Act (1977), alongside the common law principle of private defence. He stressed that these frameworks set strict limits on the circumstances under which force, particularly lethal force, can be lawfully applied.
To further guide officers in the field, the SAPS introduced National Instruction 1 of 2016, which details the legal requirements and operational procedures to be followed during arrests involving the use of force. The instruction also places accountability on police commanders to ensure that personnel are properly trained on these principles.
“The use of lethal force is a last resort authorised in law,” the Minister said. “Police officials are trained to use such force only when it is necessary, and always in accordance with the principles of reasonableness and proportionality.”
All incidents involving police use of force that result in death or injury must be reported to the Independent Police Investigative Directorate (IPID), which conducts independent investigations into each case. These investigations are designed to assess the lawfulness of police actions and can lead to both criminal charges and disciplinary proceedings where misconduct is identified.
In her question, Mohlala expressed concern about the apparent reliance on lethal force rather than prioritising lawful arrests and prosecutions, especially given that “the real masterminds behind organised crimes continue to operate freely, leaving working-class communities in perpetual fear.”
Responding to this, Mchunu stated that SAPS applies various operational strategies aimed at identifying and arresting all individuals involved in organised crime, including ringleaders. He reaffirmed that the objective of any police operation is to bring perpetrators to justice through lawful processes.
The statement comes amid heightened public debate over police conduct, especially in communities most affected by violent crime. While the government maintains that the current legal and procedural safeguards are robust, critics argue that stronger oversight and more transparent accountability mechanisms are needed to ensure trust in law enforcement.
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