Citation

Hadebe PN. Acta Criminol. 2021; 34(1): 130-153.

Copyright

(Copyright © 2021, Criminological Society of South Africa)

DOI

10.10520/ejc-crim_v34_n1_a9

PMID

unavailable

Abstract

Section 49 of the Criminal Procedure Act, 51 of 1977 (as amended) permits the police to use "reasonable, necessary and proportional" force to effect an arrest. This licence has been met with criticism since the police have continued to informally use the operational methods of torture and assault in the execution of their duties in the reformed police service of South Africa in the post-apartheid era. This article explores the organisational factors that contribute to the persistent use of excessive force by police officers in the execution of their duties, specifically in cases of torture and assault. Two organisational factors were identified by the interviewed Independent Police Investigative Directorate (IPID) investigating officers, namely: (i) pressure by management on police officers to meet projected targets for firearm or drug retrieval, which further leads to false confessions and unreliable information; and (ii) the training of South African Police Service (SAPS) recruits that does not relate to what the police encounter on the streets. Training was considered to be failing in two aspects, namely police investigations and the manner in which arrests are effected. The implications of these organisational factors include false evidence, public intimidations and police use of force in the absence of a threat. Based on the findings, it is of paramount importance that the SAPS shifts its focus and sets new internal standards in order to solve the problem of excessive injuries during police-citizen encounters.

Language: en

Keywords

Assault; police training; police use of force; resisting arrest; SAPS target-based performance measurement system; South African Police Service; torture