NWABISA MAKUNGA | Of course cops must fight thugs, but they too should be kept in check

Criminals mustn’t decide how much of our personal liberties we can enjoy

Nine suspected criminals died in a shoot-out with police in Mariannhill, Durban. Some of them were accused of rape and other serious and violent crimes.
Nine suspected criminals died in a shoot-out with police in Mariannhill, Durban. Some of them were accused of rape and other serious and violent crimes.
Image: SANDILE NDLOVU

I have followed with keen interest a conversation unfolding on different platforms about the killing of criminal suspects by police, in particular in KwaZulu-Natal.

The debate is highly charged and certainly necessary.

We have seen several incidents where police shot dead criminal suspects in what they say is retaliation when those they try to arrest ambush them.

In the latest incident, nine people were shot dead by police in Mariannhill, KZN, in what they say was an intelligence-driven operation to go after suspects they had been following for some time.

The men were allegedly behind a spate of violent crimes in the area which is so bad that some families are said to have fled their homes. They are even accused of gang-raping a young girl and making her mother watch during one of their home invasions.

Assuming the allegations are true, we are talking of the very worst of humans here, despite their relatively young age.

For many South Africans, these killings are precisely the kind of response needed from police when they are attacked by brazen criminals who terrorise innocent communities.

Police cannot fold their arms and play nice while confronted by gun-wielding murderers who have no regard for human life, the argument goes.

I find no fault with this view.

In fact, the constitution allows police to use deadly force in such situations but only on reasonable grounds to protect their own life or that of others. Still, others have warned that the frequency of these killings ought to bring greater scrutiny to the standard version of events as told by police when explaining the shootings.

Since January, police have killed at least 37 suspects in 11 shootout incidents in KZN, as reported in the media.

The Independent  Police Investigative Directorate (Ipid) numbers show 410 incidents of death by police action in the 2021/22 financial year and 393 in the 2022/23 financial year.

The majority of these incidents are police shootings either during arrests or the commission of a crime, mostly in KwaZulu-Natal and in Gauteng.

At least 13 bystanders were shot dead by police in the past two reporting years, according to Ipid.

The formula of reporting certainly indicates that there is a frequent occurrence of these killings but does not necessarily independently confirm whether police actions were indeed reasonably justifiable.

In fact, the organisation says the frequency of  incidents is such that the workload of its investigators is overwhelming.

Let us be clear, like many people, I detest criminals for what they do to innocent people and to be honest, I have zero sympathy when they are killed, especially when they brazenly fire at police.

I hate that they get to decide how much of our personal liberties we can enjoy. I hate that the poorer you are the more vulnerable you are to their onslaught. I hate that they shatter our economic dreams, and keep us in perpetual fear for ourselves and our children.

It angers me that  elderly folk are unable to enjoy their twilight years because their age makes them even more vulnerable to attacks from young men looking for their next drug fix.

So, no. No sympathy here for anyone who is a danger to society. Yet, I also know that this situation is not that simple.

We have laws primarily so that human behaviour is kept in check and that the bar is not set by our subjective emotions – no matter how justified – but by objective standards to which we all, including police, must adhere.

This is about safeguarding the kind of law enforcement culture we have, to prevent a situation like in the US, where police readily shoot at people, without probable cause, knowing they will not be held accountable as long as they allege that the actions of their suspects were questionable.

Our quest for a safer and just society cannot be limited only to holding criminals accountable.

By virtue of the power they hold, the conduct of police in the exercise of their duties must proactively be kept in check to ensure they, too, adhere to the provisions of the law, even in difficult situations.

Asking questions about police actions in this regard is not sympathising with or defending criminals. Nor is it an attempt to disempower police. No law-abiding person wants a sitting duck police service as criminals run amok.

But we must agree that questions about how police conduct their duties are reasonable, even necessary, if we believe in the principles of credible public accountability and the rule of law.

 

  • Makunga is Sowetan editor

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