SAPU SEEKING CONSTITUTIONAL REVIEW OF SECTION 49 TO PROTECT POLICE

Drickus Maartens • Jul 01, 2021

SAPU SEEKING CONSTITUTIONAL REVIEW OF SECTION 49 TO PROTECT POLICE

The South African Policing Union is seriously considering a Constitutional Court challenge to the constitutionality of Section 49 of the Criminal Procedure Amendment Act that deals with when police officers can use what is called minimum force to protect themselves. We are of the view that this section exposes our members to danger as they die violently whilst busy thinking about the consequences of protecting themselves against armed criminals.

We want the Constitutional Court to declare this section unconstitutional as it leaves men and women in blue exposed to armed criminals. We have noted with concern the violent killing of a police official in Gauteng and the wounding of two others in KwaZulu-Natal. Both these incidents happened over the past weekend. SAPU believes in order to curb these senseless killings, police officers should be allowed to hit back at criminals. The time of considering how dangerous the situation is for a police official to shoot back doesn’t make sense. It risks them being killed whilst still thinking about the next move.

We want to call upon officers once again to treat any crime scene as a danger zone and be fully armed for any eventuality. The alarming high rate of police killings in South Africa is not different from a war zone. We call upon police officers not to die with their weapons of trade including firearms. It is now time for police officers to show criminals they are professionally trained to use their firearms. We are treating this issue with the urgency it deserves.

SAPU would like to send heartfelt condolences to the family of the Gauteng officer and wish the two KZN officers a speedy recovery from their injuries. As a responsible union, we will fight their battle in the courtroom now. We have appealed to the government to no avail. If the Constitutional Court challenge doesn’t succeed we will still approach the same court to compel the government to come with practical measures to stop police killings. It is clear that the South African state is run by the Concourt, that is why we are appealing to it as well to come to our rescue.

Issued by: Oscar Skommere

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