The recent spate of shootings across the country where suspects have been killed at the hands of police officers has divided society.
Some believe police are well within their rights to defend themselves, especially when faced with ruthless criminals using high-calibre firearms, while others believe officers are acting outside the bounds of the law.
Let's dig deeper.
In the last three months in KwaZulu-Natal, at least 28 suspects were killed in shoot-outs with police. Just a few days ago, police gunned down eight cash-in-transit suspects in the Western Cape and last month, five suspects were killed in the Eastern Cape. In each instance, police, according to media statements, retaliated after they were shot at.
Addressing the media on the sidelines of the African National Congress’s Lekgotla, police minister Senzo Mchunu, hailed officers for their bravery. He further denied that police were trigger happy.
Mchunu said police officers need to defend themselves.
"They also need to survive so they can defend the community and protect all of us. We encourage them to be quite alert and support officers," Mchunu said.
Addressing a question posed by IOL, he said police receive intelligence and work on that.
"Let's be realistic. The police know when they approach these criminals, they know they won't be offered a cup of tea. They know these criminals won't give themselves up. You hear police went to the scene and they were shot at. You hear about how many firearms were picked up. This depicts the actual scene," Mchunu said.
Police and Prisons Civil Rights Union president, Thulani Ngwenya, emphasised the importance of acknowledging the hazardous and often life-threatening conditions in which officers operate.
Shoot to kill?
In praising KZN police following a shoot-out in Cato Crest, Ngwenya further rejected criticism hurled at police.
"We further acknowledge and reject any criticism from those who have blamed the police for the incident or labelled their actions as violent. It’s disheartening that these same critics remain silent when our police officers are killed, or are quick to blame police for the presence of violent crime in our society," Ngwenya said.
He said perpetrators leave police no option but to defend themselves and the lives of others.
Portfolio Committee on Police chairperson, Ian Cameron, said the adoption of technology such as body cameras for police would lead to greater accountability and would provide the necessary evidence of attacks on police.
While noting the challenges that police face, he urged officers to continue efforts to defeat the scourge of crime in our communities and to use reasonable force when circumstances require it.
"Police officers must protect themselves when there is need; there should not be a question about that," Cameron said.
Police watchdog, Independent Police Investigative Directorate (Ipid), said they investigate all cases of police-related shootings as per their mandate.
Ipid spokesperson Phaladi Shuping told IOL that in some cases the police were found to have acted within the parameters of the law because the investigations revealed that the suspects fired at the police first.
"The are those instance were Ipid made recommendations for disciplinary steps to be taken against the police officers because the investigation revealed that they acted outside the law," he said.
Last month, President Cyril Ramaphosa signed a law that empowered Ipid to investigate deaths caused by police actions.
However, despite the overwhelming evidence that criminals “shoot to kill” when confronted by police, there are those who believe police act outside of the law in these instances.
Difficult situation
Manager of the crime hub at the Institute for Security Studies, Lizette Lancaster, said it's a highly complex situation.
"Police are under tremendous pressure to reduce crime levels and do an incredibly dangerous job where people have access to high calibre firearms and are not afraid to use them against police.
“This is a very difficult situation," she said.
Lancaster said the issue comes in where, in order for police to protect themselves and their reputation, it is important that they are transparent about how these operations take place.
"It only take an instant where an innocent person is caught in the crossfire to cause major reputational risk for police. This is the fear we have that could jeopardise how these operations are viewed by the public and can further erode public trust," she said.
Lancaster added that it is imperative that police are transparent about their operations.
She said another option would be for media or the Ipid to observe these operations, where possible.
Independent investigations
KZN Violence Monitor, Mary de Haas, has penned a letter to Minister Mchunu calling for an independent expert panel to investigate recent killings as the hands of police.
She added that in some cases, people are afraid to speak as they fear retaliation.
In her 10-page letter to the Minister, de Haas requested that a retired judge or senior advocate with demonstrated experience in criminal law cases engage with forensic, pathology and pathology experts in securing the crime scene.
"There is a need for an inspecting judge for Ipid who could coordinate such investigations, including those of Ipid and take advice from experts," she said.
De Haas added that it is also necessary and in the public's interest to investigate the killings by police, and that it is required by constitutional principles of accountability and transparency.
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