CONSTITUTIONAL COMMENTARY AND EVENTS

The Minister of Police last week, speaking at the relaunch of the Tactical Response Team, stated that “Even if you do not have a warrant of arrest‚ slap them. Break the law progressively and let me worry about court cases.” He further used language unbecoming for the Centre for Constitutional Rights’ readers, to drive home the point that the South African Police Service (SAPS) must use excessive force and at times act unlawfully, to apprehend violent criminals.

The Minister of Police’s views are delivered in the context of a nation with one of the world’s highest crime rates, however, policing must still be underpinned by human rights considerations. In this regard, human rights are derived from the inherent dignity of all persons. It is vital that the SAPS act within the confines of the law at all times. Additionally, the SAPS needs to respect the principle of legality, necessity, proportionality, non-discrimination and humanity. This means that in responding to crime, the SAPS should only use the necessary force in order to apprehend criminals. The SAPS Act too, is cognizant of this legal principle, given that its preamble enjoins the police service to uphold and safeguard the fundamental rights of every person, as guaranteed by the Bill of Rights in the Constitution.