SALRC Reviews Deadly Force Law, Proposed Amendments To Section 49

South African Law Reform Commission (SALRC) is once again reviewing deadly force law as well as the proposed amendment of Section 49 of the Criminal Procedure Act, which governs when police officers can use deadly force during an arrest.

Among the proposed amendments, now open for public comment is a stricter regulation of when and how officers may use lethal force.

Institute for Security Studies’ Gareth Newton clarified that the proposed changes do not affect laws on self-defence or the defence of others.

“The controversy lies in the fact that this law allows police to shoot at someone who is not posing an immediate threat. Officers may mistakenly shoot an innocent suspect,” Newton said. The core debate, he added, is whether sufficient safeguards exist to ensure police only target the right individuals.

YOU MAY ALSO LIKE: Three Suspects Killed In Msinga Shootout With Police

The commission’s document proposes new wording for Section 49:

An arrestor may use force if a suspect resists or flees during an attempted arrest.

Deadly force is only permitted if:
The suspect poses an immediate threat of serious harm, or
The suspect is wanted for a serious crime, and no other way exists to effect the arrest.

Also, the commission stressed that Section 49 does not prevent police from defending themselves, but it highlighted the need for improved training.

“Self-defence and de-escalation training are crucial to prevent unnecessary escalations,” the report states.

Recent violent confrontations in KwaZulu-Natal have reignited concerns about excessive force, with accusations of unwarranted police violence against suspects.

Years ago, former police commissioner Bheki Cele sparked controversy for allegedly encouraging officers to ‘shoot to kill’.

While debates over use-of-force laws continue, Newton argues that the real issue is the lack of police accountability.

“The real challenge is not that police are prevented from using force—it’s that accountability mechanisms are weak,” he said.

Independent Police Investigative Directorate (Ipid), which investigates police misconduct, is underfunded and overwhelmed.

Between 2011 and 2021, Ipid received over 50,000 complaints against police officers.

However, it took action in only about 5% of cases.

“This has created a culture where many officers believe they won’t be held accountable,” Newton warned.

Internal disciplinary systems are also inadequate, allowing misconduct to go unchecked.

University of Limpopo criminologist Prof Witness Maluleke pointed out a wider issue—the escalating tension between police and criminals.

“When criminals return fire, we must ask whether this is creating an increasingly dangerous rivalry between police and criminals,” Maluleke said.

YOU MAY ALSO LIKE: Foreign Nationals Accused Faces Trial For East London Child Kidnapping

Additionally, the review of Section 49 aims to balance effective law enforcement with accountability. However, the question remains that, will these changes empower officers or restrict their ability to fight crime effectively?

---

For SA Crime News Follow SurgeZirc SA on Facebook,  X and Instagram