IAN CAMERON: Police must internalise constructive criticism on use of reasonable force

The increase in confrontations between officers of the SA Police Service (SAPS) and alleged criminals, which has resulted in about 40 suspected criminals being killed in KwaZulu-Natal, has attracted criticism from some quarters.

Much of this criticism has been unscientific and emotional, which breeds a culture of self-doubt among police officers, who operate in a high-risk, high-stress environment. Unconstructive criticism addresses only the symptoms of the scourge of crime, and does not offer solutions.

The capacitation of the Independent Police Investigative Directorate (Ipid), the adoption of new technology, a reduction in the number of illegal firearms in circulation, strengthening preventive policing, and resolving the twin challenges of poverty and unemployment, are central to reducing violent confrontation with the SAPS.

On the one hand, openness to criticism and accountability are at the heart of any functional democratic order premised on the rule of law and protection of the right to freedom of expression. Done constructively and with a basis in evidence, it can spur reflection and possible correction. On the other hand, emotional and unscientific criticism only serves to break morale and leads to self-doubt; this is deadly in the environment SAPS members operate in daily.   

The reported deaths of about 40 suspected criminals in KwaZulu-Natal between April and July has resulted in some people questioning the tactics employed by the SAPS in the province. One expert was quoted as saying: “This does not justify the random killing of civilians who may or may not have been correctly identified as criminal suspects by one or other police officer.” But such criticism lacks empirical rigour and maligns all of those who are committed to fighting crime daily. 

The SAPS already has a credibility deficit challenge, something the new police minister and all SAPS personnel must tackle head-on. But a blanket accusation that our women and men in blue are guilty of random killings is needless and destructive. The accusation that police are trigger-happy not only fails to address the root causes of crime or provide any solutions to the scourge, but is akin to a doctor prescribing paracetamol to every ailment irrespective of the diagnosis.    

Sgt Yekani Siboniso Thabete, Sgt Vusi Elvis Siwela, Const Okaetse Mandindi and Sgt Kedimetse Masilo are representative of the 39 police officers who were killed between April 2023 and March 2024. These are officers who were committed to fighting crime, and whose lives were taken by needless violence, leaving their grieving families behind to seek justice.

In KwaZulu-Natal about 6,947 murders were reported in the 2022/23 financial year, many of them perpetrated using illegal firearms. Police stations such as Inanda, Umlazi, Plessislaer, Mariannhill and KwaMashu are always among the 30 stations with the most murders reported.

Highlighting these police stations is not a blank cheque for the police to kill indiscriminately without due care and process, but offers the context necessary for providing constructive criticism. The question, then, is what needs to be done?   

A clear accountability framework anchored on a functional and well-capacitated Ipid is essential to ensure SAPS members operate within the confines of the law. The Ipid is grossly underfunded — with about 400 investigators, there is about one Ipid investigator for every 360 police officers. Ipid investigators’ workload does not give the necessary reassurance that the core accountability mechanism to keep the police in check is properly resourced and prepared for service.

A recent social media video of youngsters randomly shooting in Ntuzuma, KwaZulu-Natal, attests to the problems caused by the proliferation of illegal firearms in our communities. Successive firearm amnesties and operations such as the SAPS’s Operation Shanela have not had the success in removing these illegal firearms from our streets that was predicted.

That some rogue police officers have already been convicted for stealing and selling guns to gangsters on the Cape Flats has worsened an already fundamental problem. To remedy this challenge and reduce violent confrontation with the police, cogent strategies to remove these illegal firearms from our streets remains a critical area for intervention.   

The bigger socioeconomic challenge brought about by high unemployment and poverty, which creates the breeding ground for increased criminal activity, is not a matter the police can resolve. It requires a “whole of society” approach to bring tangible change. As the government of national unity starts to implement its programme of action this will hopefully lead to a functional economy that absorbs many young South Africans into active labour and reduces the inclination to participate in crime. 

The trust deficit between the SAPS and our communities prevents the building of relationships and the sharing of information that would enable proactive policing and prevent crime before it happens. Trust is earned, and in some cases the SAPS has left much to be desired. Strategies must be put in place to remove corrupt elements from within the SAPS to ensure the organisation regains the trust of the citizens it is mandated to protect.

It is only through deeds such as acting on information given by society, following up with victims about the progress of cases and the effective prosecution of criminals that the SAPS will regain credibility in the eyes of the public. A continued over-reliance on reactive policing will continue to expose SAPS officers to confrontation with criminals.   

The free flow of information will also reduce cynicism about police action. The information provided by the SAPS and Ipid, and the results of investigations into police action, are often clouded in secrecy, which creates a perception of impunity and lack of accountability. A properly resourced Ipid that results in prosecution where there is evidence of excessive force, and adopting technology such as body cameras for SAPS members and gunshot-detection technology, can close the wide information gap that exists and that feeds the perception of a lack of accountability within the SAPS.

One fact remains and must be emphasised — police must use reasonable force only as permitted by section 49 of the Criminal Procedure Act when they encounter life-threatening incidents. An environment of self-doubt and a lack of education among officers as to the scope of their powers will only lead to increased harm caused to the women and men in blue.

Continued constructive criticism will assist the SAPS to do their work efficiently and prevent an increase in incidents of confrontation. As the proverb says: “If you listen to constructive criticism you will be at home among the wise.”

It is up to the SAPS to internalise advice and criticism that will help the organisation better tackle the scourge of violent crimes and the criminals who perpetrate them.

• Cameron, a DA MP, chairs the parliamentary portfolio committee on police.