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LETTER
Shooting from the hip
29/04/2008 12:00  - (SA)  

  • 'Is this the Wild West?'
  • 'The law must favour victims'
  • The making of Susan Shabangu
  • Dear Editor,

    Now that the furore following the deputy Minister of Safety and Security Susan Shabangu's, controversial "shoot to kill" has died down, and the emotions cooled, I would like to comment on an irony that, to my knowledge, no one had picked up on.

    We live in a country that, through the constitution, guarantees the right to life (sometimes more so that of the transgressor than that of the victim). Even for people found guilty of heinous crimes, that right is rooted in the constitution and although several judges have lamented this, they are bound by the law which, in turn, is based on the constitution.

    Yet, sassy Susan declares, to loud applause from just about everyone on the right and most from the left, that police must shoot first and worry about the consequences later. In some instances this may, indeed be the prudent option. But if we look at the lack of definition of this carte blanche, it can also lead to gross miscarriages of justice.

    Let me give you an example. I drive home at night and see a car following me. I am pulled off the road and find that it is the Metro police who demand to see my licence. When I produce it they then accuse me of driving under the influence and demand a bribe (this happened to a friend of mine). Refusing to pay, they then threaten me with arrest. I refuse to get out of the car. The cops start getting abusive and, afraid of them, I resist. They shoot and kill me. Has Justice been served?

    It seems ironic that a convicted criminal has rights, i.e. to fair treatment, to a speedy trial, to representation, to visitations rights (if your surname in Yengeni), private hospital rights (if your surname is Shaik) and the constitutional Right to Life but that the alleged accused, the unconvicted and very possibly innocent do not have the same rights.

    And what do we end up with? Sadly, we end up with a country where the law-abiding fear the police more than the criminals like in pre-war Germany (Gestapo), Russia (KGB) and, even closer to home, Zimbabwe under convivial uncle Bob.

    Louis van Rensburg,
    Pretoria

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    Disclaimer: News24 encourages freedom of speech and the expression of diverse views. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors reserve the right to edit or delete any and all comments received.

     
     

     
         
      Silly Example used, Louis
    29/04/2008 12:18
    You should not shoot to kill someone that is resisting arrest. The idea is to shoot the bastard that is pointing a gun or a knife at you or your family. - BrianG
     
      Court of law
    29/04/2008 12:23
    Everytime someone is shot, a dossier is opened. Saying the minister said shoot will make the judge rip with laughter. He goes by the law, not the minister. - Sentinel
     
      Cde Sabangu is a smart cookie
    29/04/2008 12:25
    Cde Susan Shabangu is a smart cookie and is in touch with what is happening on the ground. People must make up their minds what it is they want. You cannot on the one hand criticise the government for inertia, while on the other hand complain when ministers shoot from the hip to address problems. - Harrison Magalefa
     
      Shoot to Kill
    29/04/2008 12:27
    I dont really get the substance of this article. The writer provide us with an example that is outside the context and impractical. I fail to understand how to satisfy individuals, when governmnet is soft towards criminals people are saying its protecting them and government is hash towards them, people will again complain of human rigths violations. I think Black government will never be good enough in our societies, particularly in white communities. - Sizwe
     
      hello move on with your lives
    29/04/2008 12:28
    guys she said what she said lets hope something positive will come from it, keep your noses clean and tell your family members to do the same and you wont be shot. now move on and live a good life and stop worrying about things which are not in your control. - terence
     
      Stupid
    29/04/2008 12:36
    Im not sure what ur argument is, i cant pick it up from ur article, what do u want implemented? yes shoot to kill not at someone refusing to get out of their car. Its meant at criminals endangering lives of ppl buy pointing guns at them and knives. Im sorry to say this but i've wasted 5min of my time reading this piece of vague article. come now guys man, give us something interesting - Cant get me
     
      Wake-Up!!!!!!
    29/04/2008 12:46
    Take your head out your backside.....If you read the whole statement issued by "Sassy" Susan as you call her - if your life is threatened, or if someone points a gun at you..............are you perhaps a criminal and afraid of the consequences??!! I applaud this move - if my life is threatened by someone pointing a firearm at me, I will shoot first and then consider the consequences later. Too late if you are dead!! - True Blue SA
     
      Rights?!?!
    29/04/2008 13:01
    In South Africa a Criminal has more rights by default than a law abiding tax paying citizen! We South Africans need to excercise our constitutional right to protect ourselves, our families and our property from harm. When the first line of defence (the police) fails to protect us, we should have the right to protect our selves by any means neccesary...and if that entails taking the life of a criminal that intends to take yours...I say, better him than you! Its time the criminals fear the LAW! - Not-in-Australia-yet!
     
      r u bored?!
    29/04/2008 13:15
    You clearly dont get sassy susan, yr example makes no sense..u need to catch a wake up..the only way to DEAL with criminals is to kill them!! Viva sassy susan!!! - bored ?
     
      Sizwe
    29/04/2008 13:18
    I fail to see what this has to do with Black or White. I fail to also see the relevance of mentioning race here?? White people are not complaining because the goverment is black you twit, it's because we are long over the fact we live in the most crime infested country in the world you moron!!! - Point Blank
     
      Happened just the other day...
    29/04/2008 13:18
    Young man ordered to pull over in Benoni by UNMARKED police car. Fearing a hijack, he sped away. The cops followed him shooting at will. The poor man lost control and crashed into a tree. The police then got out, and shot him in the face, while he is still in his car after the crash. The police's story - they thought he blew up an ATM. That's what you get when training is inefficient, and and every Tom, Dick and Harry can join the police! - Lithium
     
      i see your point Louis...
    29/04/2008 13:23
    but you have to understand that victims are not going to feel sorry for criminals. I mean most of those ppl are monsters, how can you rape a mother in front of her daughter? or vice versa. Or kill someone for a cellphone? Sometimes in cases like these, human rights must take a backseat. - tshepo
     
      Shoot kill from minister.
    29/04/2008 13:24
    Police and army are people who got the training to shoot and how to shoot and when to shoot. If they are faced with someone with a gun pointed at them, there is only one solution shoot to kill. Blaming the minister is simply because it is from her mount but the reason of being armed is to shoot to kill that is why there rubber bullets and live bullets. Even if the minister did't say so faced with armed robbers they used to shoot to kill not shoot to kiss. - Thomas
     
      Sizwe
    29/04/2008 13:25
    How can you turn this into a race issue?What would you do when you or your family is threatened,just stand back and let them be killed?If you look at today's society,the goverment is protecting criminals,cause the criminal has more rights than what you have my friend,I for one will shoot to kill if my family is threatened,no shooting him in the leg where he can survive,and murder and/or rape again. - creech
     
      true blue should wake up
    29/04/2008 13:33
    The article gives an example of how the 'right to kill and not be persecuted' can AND WILL be misused. We all know of the corruption that is rife in our police depts. With carte blanche, one can easily imagine many such scenarios where the rotten cops abuse their powers to silence witnesses...What if McBride had this license? 10 or 20 deaths to cover up his drunken driving??? - xcal
     
      Extreme case
    29/04/2008 13:50
    Nearly any argument can be undone by taking it to the extreme. Also there are risk in most law enforcement models. What you have sketched is extreme and can as a result be seen as extraordinary. What you miss is that she was sending a message to criminals that their days of carte blanche is coming to an end. Good for her as this message was well overdue. - Doorboot
     
      Missing the point
    29/04/2008 13:52
    If you were actually paying attention to the direction of the theme "shoot to kill", you'd understand that it was only justifiable in the event that one's own life (namely, a police officer) was endangered. If, per your scenario, the cops shot you for not giving them a bribe, the investigation would show that you were unarmed and didn't have a criminal background and thus, the offending officer would be taken to trial and charged for first degree murder amongst other things. - TaurusaurusRex
     
      Shoot to KILL
    29/04/2008 13:52
    Why are violent criminal acts increasing on an almost daily basis? Because there is no deterrent and little likelihood of victims being armed (thanks to the Firearm Confiscation Act) Cops catch you, and by some miracle you get sentenced to a term in jail, it's home away from home - or more like a vacation for the majority. So they act with impunity. The South African Police FORCE got the job done. The South African Police SERVICE is hamstrung by insane legislation. - Bodie
     
      Shoot to kill
    29/04/2008 13:53
    I say shoot to kill. You cannot make a ommlet without breaking some eggs. If a few innocent people get killed on the way so be it. It is better than doing nothing but a well trained police force would help a lot. - theunis
     
      Is there an alternative
    29/04/2008 13:55
    Not that i'm is support of government but I am sick and tired of people always criticising the government. It seems they cant do anything right anyway. I believe that every good thing comes with few secrifises, there would be few innocent people that become victims of the proposed shoot to kill but most of the bustards will be dead. personally I would not mind if i am secrifised for the better good of our society. Citizens, criminals or not, should not try to fight police. Student - Snycossss
     
      Shoot to KILL 2
    29/04/2008 13:56
    Unshackle the Police. Pass sensible legislation that allows the law abiding citizen to defend his life AND property with deadly force and watch the crime rates plummet. Make sure that convicted criminals serve HARD LABOUR. This will serve as a deterrent. No more free ride for these crooks. SHOOT THEM ALL.!! VIVA SASSY SUSAN!!!!!!!!!! - Bodie
     
      Bad example
    29/04/2008 13:57
    In the case mentioned above the police officers involved would be guilty of murder no matter what the law of the day is. This letter is a case of meaningless hand-wringing. - frank
     
      Shoot to KILL 2
    29/04/2008 13:58
    Unshackle the Police. Pass sensible legislation that allows the law abiding citizen to defend his life AND property with deadly force and watch the crime rates plummet. Make sure that convicted criminals serve HARD LABOUR. This will serve as a deterrent. No more free ride for these crooks. SHOOT THEM ALL.!! VIVA SASSY SUSAN!!!!!!!!!! - Bodie
     
      You are ALL missing the point
    29/04/2008 14:06
    The law ALREADY allows the police, and a member of the public, to shoot to kill if your life is threatened. All Suzie has done is restate it in fanagalo so that the ignorant can misuse it. It is populist politics and buys her some favuorable press. Trust the law, not some chicken with an inferiority complex. Mistate the law and you will lapdance with Bubba in C-Max!!! - Excalibur
     
      sober up!!!
    29/04/2008 14:10
    i think the minister was misinterpreted in that she was quoted as if she said police must go out here ans start shooting randomly at everyone.I if we apply our minds soberly ,properly and contextalise what she was sayin there was nothing wrong in what she said.i.e police must only shoot to kill n situations where their lives are i danger and/orvthose of other(civilans).therefore when you resist arrest you are not putting anylife in danger.so the example is fullish and irrelevant. - rio
     
      sober up!!!
    29/04/2008 14:10
    i think the minister was misinterpreted in that she was quoted as if she said police must go out here ans start shooting randomly at everyone.I if we apply our minds soberly ,properly and contextalise what she was sayin there was nothing wrong in what she said.i.e police must only shoot to kill n situations where their lives are i danger and/orvthose of other(civilans).therefore when you resist arrest you are not putting anylife in danger.so the example is fullish and irrelevant. - rio
     
      shoot politicians..
    29/04/2008 14:14
    i say shoot politicians and ask questions later, they're all scum... unfortunately the ANC has made it policy that the masses face no consequences for their actions as payback for their hardships during apartheid. thats the reality folks.thats why no one respects africa because africa is a joke. - mp3's mentor
     
      A point indeed
    29/04/2008 14:25
    I guess we're all fed up with crime, but I have to agree with Xcal and Louis. If we had a perfect police force and no corruption perhaps sassy Susan would have a point. But with corruption being the order of the day I don't see Louis's example being so far removed from the realms of possibility. Does anyone remember the story from the not so distant past of the nurse on her way to work who was harrassed and in fact arrested by over-vigilant members of the police force? - Gail
     
      BrianG
    29/04/2008 14:50
    BrianG at the moment the police has the right to shoot and kill anybody that points a gun at them. So this is nothing new. What the deputy minister suggested was that they shoot first at anybody that is not pointing a gun. What the law states is that I warning shot should be fired here. But if you point a gun at the cops you will die, that?s the way it is and should be. - Hennie
     
      I agree with Sizwe
    29/04/2008 14:55
    I thought i am the one who is dumb.There is just no substance in this article.It is just giving us excuses not to address this "beast" called crime that we are faced with. I wouldnt be supprised if he works for HRC coz they've since turned themselves into spokespersons and lawyers for criminals.Everytime one proposes a solution to this violent crime they scream Human Rights.What about the honest citizens who can't get employment bcoz of business is unwilling to invest bcoz of crime. - Matsitso
     
      Susan's our Girl
    29/04/2008 15:17
    Every morning, going through the latest round or murders, rapes, blow ups, hijackings, thefts...more horrible with each day, I am dying inside. Our country's crime is horrible, in your face, day by day. No accountability, no remorse, no feelings. The criminals are merciless. No, a thousand times no. Susan Shibangu is right. Enough is enough. Give back our country. I want to walk up the street again at night... just once..look up at the sky, knowing I am free. - Alicia
     
      respect for human life
    29/04/2008 15:57
    we did not fight for that kind of society of lawlesness. the police can`t just shoot people. we are a civilised country with strong values that are espoused in our constitution. - donald mogotsi
     
         
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