Azra Hoosen | ah@radioislam.co.za
27 February 2025 | 09:45 CAT
2 min read

The South African Law Reform Commission is once again reviewing Section 49(2) (b) of the Criminal Procedure Act, which governs the use of deadly force by police officers. Among the four proposed amendments open for public comment, one focuses on tightening measures around how and when officers can use lethal force—a move that has sparked debate.

Crime expert and director of IRS Investigations, Chad Thomas, warns that further restrictions could put police officers at greater risk and weaken their ability to fight violent crime effectively.

“The Criminal Procedure Act was quite a forward-thinking piece of legislation when it was enacted in 1977. It’s not as archaic as one would think,” he said. Thomas explained that it includes aspects like victim-centric rights, financial restitution, and restorative justice, which align well with our democratic constitution. However, he noted that certain sections need ongoing review, especially in light of global discussions on law enforcement practices.

One of the key concerns is that unclear or overly restrictive policies could make officers hesitant in life-threatening situations.

According to Thomas, the use of deadly force has always been contentious. In the late 1990s and early 2000s, sections of the Act were amended to address concerns stemming from the apartheid era, but the changes were not effectively communicated to officers on the ground. “A lot of police officers became very apprehensive about using the force they have been granted in terms of legislation to stop criminals in their tracks. You can’t have a police officer who’s hesitant in executing his duties, especially when faced with formidable odds,” he said.

With South Africa facing extreme levels of violent crime, he argues that police officers must be able to act decisively. Thomas pointed out that there have been formidable threats—cash-in-transit heists, ATM bombings, kidnappings for ransom, and contract killings. “These criminals aren’t coming to play. They’re coming to fight. If police officers are forced to hesitate in those moments, the consequences could be deadly,” he stressed.

Thomas points to recent successes in KwaZulu-Natal, Gauteng, and the Western Cape, where police have taken a stronger stance against organized crime.

He highlighted, in KZN, that General Kornasi has been at the forefront of the fight. In the Western Cape, General Patrick Hile is making strides, and in Gauteng, General Njubeiri is also taking action. But we need this momentum in all high-crime provinces, including the Eastern Cape.

“For me, our police officers have this double-edged sword. They have to uphold law and order. They have to neutralise criminals when they attack, or else policemen and civilians are going to lose their lives. But at the same time, we have to be cognisant of the fact that they cannot be used to settle squabbles or for extrajudicial killings,” he said.

Thomas acknowledges the need for accountability. “We need to look at this in such a manner and fashion that our police officers are protected, but at the same time, the citizenry of this country feel confident enough that those police officers are equipped to look after them,” he added.

Currently, the proposed amendments remain in the consultation phase.

“It’s a bit of a storm in a teacup at this stage. Any changes would have to be debated in Parliament and approved by the President. But we’ve seen this before—discussions in the late 90s, again in 2010, and amendments along the way. The key issue is this: police officers must be empowered to defend themselves and the public,” Thomas emphasised.

He dismisses the idea that officers should aim for a suspect’s limbs rather than using lethal force.

“This isn’t the movies. We’re talking about deadly criminals’ intent on wreaking havoc and killing people. Our police officers are the first line of defence, and they must be able to use the necessary force to protect themselves and the citizens of this country,” he stressed.

As the debate continues, the challenge remains in finding the right balance—one that ensures accountability while giving law enforcement the power they need to confront South Africa’s violent crime crisis.

LISTEN to the full interview with Ml Sulaimaan Ravat and Chad Thomas, Crime expert and director of IRS Investigations,here.