'Amend shoot-and-run law'

2003-06-04 13:43

Cape Town - Safety and Security Minister Charles Nqakula urged MPs on Wednesday to ensure the controversial Section 49 of the Criminal Procedures Act - the so-called use of deadly force section - is amended to avoid any possibility of ambiguity.

He was briefing the National Assembly's safety and security committee on statements made last month by national police commissioner Jackie Selebi about police killings.

Selebi said when talking of police killings, one of the most important questions to be asked was: "Why, out of all the members killed in 2002, 60% did not defend themselves?

"Why, when they must know that by not committing the basic act of self-defence, did 60% of our members end up paying the highest price?"

He believed the reason was the confusion caused by people who raised "unnecessary doubts about the right to self-defence, the right to defend others", Selebi said.

Nqakula told the committee officers adhered to the law, and could not use their guns if a petty offender ran way to avoid arrest. But, if an officer's life or that of a member of the public was under threat, officers were allowed to use their guns in defence.

"That is the law."

Thus, the issue of self-defence itself was clear and unambiguous.

"When your life is under threat you must defend yourself. It has always been that way," he said.

However, there might be confusion about other aspects of Section 49, and the legislation needed to be reviewed.

His department had drafted an amendment which it believed would address the issue in an acceptable way. It was up to members of Parliament to help the police by dealing with the problem through legislation, Nqakula said.

Committee chairperson Mluleki George said the legislation concerned fell under the jurisdiction of the justice department, and it was necessary for the two committees to interact as soon as possible to solve the problems related to Section 49 once and for all.

He agreed with Nqakula that there "is no such thing as police must be shot before they can shoot". When their lives were under threat, they had to defend themselves.

He also agreed with Douglas Gibson of the Democratic Alliance, among others, who emphasised the need to prioritise police killings and pull out all the stops in bringing perpetrators to book.

This was the way such murders were dealt with in other democratic countries, where police were relentless in tracking down their colleagues' killers and bringing them to justice, Gibson said.

George said tougher action had to be taken to apprehend police killers, so that everyone knew if they killed an officer they would indeed face the consequences.

Police killings had to be taken more seriously, he said.

- SAPA