Orrin Singh25 February 2025 | 6:25

Section of Criminal Procedure Act around use of deadly force by police under review again

Last week, the South African Law Reform Commission published four proposals for public comment to make amendments to the Criminal Procedure Act. One of the proposals looks to tighten measures around the use of deadly force by police.

Section of Criminal Procedure Act around use of deadly force by police under review again

Picture: @SAPoliceService/X

JOHANNESBURG - A section of the Criminal Procedure Act, which speaks to when police are allowed to use deadly force, is once again under review.

Last week, the South African Law Reform Commission published four proposals for public comment to make amendments to the Criminal Procedure Act.

One of the proposals looks to tighten measures around the use of deadly force by police.

But experts claim that taking away this function from police may be detrimental to crime fighting.

Section 49 of the Criminal Procedure Act outlines when deadly force may be used when arresting a suspect.

Currently, police may use deadly force if they believe it's necessary to protect themselves or others from serious bodily harm or imminent death.

But a recent proposal, published for public comment by the SA Law Reform Commission, looks to challenge this.

Crime expert and director of IRS Investigations, Chad Thomas, believes this could spell trouble for tackling crime in South Africa.

"We're in a country where criminals have zero respect for authority and they have zero respect for the lives of police officers, security officers and civilians. So that’s my greatest concern, that we’re going to scare police officers once again that they are nervous to execute their duties."

Thomas said that in the late nineties, section 49 was amended to put stricter measures on the use of deadly force by police and had negative effects on SAPS.