Mashatile said he does not want the police to question whether they will get into trouble with the Independent Police Investigative Directorate (Ipid) after shooting criminals otherwise they are going to die.
“You can't shoot someone after you have died. So you have to understand the situation you are in — these criminals are very clear that they are killing, so what are we still analysing? We train you, we give you guns — use them” Mashatile said.
According to the Criminal Procedure Act, police can use force when carrying out arrests, and this includes rules governing the degree of force to be used and the circumstances in which such force may be employed. When a police officer’s forceful conduct extends beyond the ambit of the legislative provisions, the officer may be subject to criminal liability.
Criminologist Anele Chiba said: “Applying force is a split decision in most cases. It's difficult for police to assess justifiable ground for deadly force. It's a 50/50 situation. Deadly force is more permissible when carrying out arrests and raids. In other circumstances, such as protests or uprisings, it will be subject to extensive legal scrutiny.”
Speaking to the media on Thursday afternoon in Cape Town police minister Senzo Mchunu said criminals who flee after shoot-outs with police will be arrested “if they are lucky”.
Four alleged extortionists were shot dead by police in Cape Town last week after they initiated a shoot-out. Four others were injured and are in hospital, while two managed to escape.
“Police shot back, as they would need to do as police officers. They are trained, they are given firearms and they use them,” Mchunu said.
He said the hospitalised criminals would direct police to those who had fled so they could be arrested.
The government has said it plans to prioritise crime intelligence before deploying more boots on the ground.
Mashatile said a plan of action would be completed by next Thursday.
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LISTEN | Mashatile pushes for law to be amended to allow cops to shoot freely in violent situations
“Nothing to analyse, criminals are killing police and police must use their guns in violent situations,” says Mashatile
Image: Thapelo Morebudi
Deputy president Mashatile has pushed for the law to be amended to allow police to shoot freely in violent situations and says there is nothing to analyse as criminals are killing cops. He has told justice minister Thembi Simelane to look into reviewing and amending the legislation.
“She [Simelane] said we are looking at the Criminal Procedure Act and other laws for review”, Mashatile said, emphasising police should use their guns but not be killing machines.
Mashatile said he does not want the police to question whether they will get into trouble with the Independent Police Investigative Directorate (Ipid) after shooting criminals otherwise they are going to die.
“You can't shoot someone after you have died. So you have to understand the situation you are in — these criminals are very clear that they are killing, so what are we still analysing? We train you, we give you guns — use them” Mashatile said.
According to the Criminal Procedure Act, police can use force when carrying out arrests, and this includes rules governing the degree of force to be used and the circumstances in which such force may be employed. When a police officer’s forceful conduct extends beyond the ambit of the legislative provisions, the officer may be subject to criminal liability.
Criminologist Anele Chiba said: “Applying force is a split decision in most cases. It's difficult for police to assess justifiable ground for deadly force. It's a 50/50 situation. Deadly force is more permissible when carrying out arrests and raids. In other circumstances, such as protests or uprisings, it will be subject to extensive legal scrutiny.”
Speaking to the media on Thursday afternoon in Cape Town police minister Senzo Mchunu said criminals who flee after shoot-outs with police will be arrested “if they are lucky”.
Four alleged extortionists were shot dead by police in Cape Town last week after they initiated a shoot-out. Four others were injured and are in hospital, while two managed to escape.
“Police shot back, as they would need to do as police officers. They are trained, they are given firearms and they use them,” Mchunu said.
He said the hospitalised criminals would direct police to those who had fled so they could be arrested.
The government has said it plans to prioritise crime intelligence before deploying more boots on the ground.
Mashatile said a plan of action would be completed by next Thursday.
Get our audio news content first. Subscribe for free: iono.fm | Spotify | Apple Podcasts | Pocket Casts | Player.fm
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