Use of Deadly force by the SAP

2556 Words11 Pages
CRIMINOLOGY AND CRIMINAL JUSTICE

AZA1282

TABLE OF CONTENT

1. INTRODUCTION……………………………………………………………… 3

2. USE OF DEADLY FORCE…………………………………………………… 3

3. THE CONSTITUTIONAL ERA………………………………………………. 4

4. OLD SECTION 49 VERSUS NEW SECTION 49…………………………..5

5. PRIVATE DEFENCE…………………………………………………………..5

6. PREVENTION OF CRIME…………………………………………………….6

7. FUNDAMENTAL HUMAN RIGHTS………………………………………….6

8. CONCLUSION…………………………………………………………………7

9. REFERENCES…………………………………………………………………8

INTRODUCTION
The responsibilities of the South African Police Services (SAPS), as taken up in section 205 of the Constitution Act 108 of 1996, includes to battle, prevent and the execute crimes,
…show more content…
The courts gave limits to the application of section 49(2) by giving that the proof lies on the person or accused (arrester) depending on the guardians of section 49(2), to show that his or her action fell in the that particular section. The state had to show proof the root of the offence committed goes beyond a sensible uncertainty.
The courts specified that section 49 needed a severer test, and that, that section shouldn’t be given a open-minded meaning but rather, it should and must be interpreted and practiced but with limits against the person that wants to depend on it (Burchell, 1997).
In Section 49, as it used to be, it was used by the law implementation agencies as a free means to kill people. It was often seen as a discriminatory root most especially to the blacks mostly on the receiving end. The continuation of this so called licence to kill people wasn’t a surprising issue, this was because the criminal justice system back then wasn’t liable to the constitutional system that respected the expected human rights, especially the right to bodily integrity and the right to life.
THE CONSTITUTIONAL ERA
The retaining of section 49 would be quite impossible to put back together with the elimination of death penalties. If the state doesn’t have any right to take a suspect’s life in
Get Access