EDITORIAL: Police liability raises alarm
October
19 2012, 05:44 |
IF THE
red lights are not flashing and the alarm bells are not ringing in the
government over the R20bn contingent liability in the South African Police
Service, then they should be urgently triggered.
As
observed by the Democratic Alliance, the contingent liability for the police
has more than quadrupled in the past five years. The vast majority of the
current liability is civil claims against the police by private individuals at
about R14.8bn.
The
Independent Police Investigative Directorate (or its predecessor the
Independent Complaints Directorate) has been reporting over the same period
significant increases of deaths in police detention and deaths as a result of
police action. There have also been significant increases in assault complaints
against the police.
Even if
the police do not lose all the civil claims against them, the potential legal
bill is staggering and would comprise a substantial portion of the budget. If
all the cases are lost it amounts to more than 30% of the allocated funds.
While it
might be coincidence, it is interesting to note that this time period almost
coincides with the start of ministers using intemperate language to shoot to
kill. Then deputy safety and security minister Susan Shabangu famously urged
police to "kill the bastards" in early 2008. Then disgraced former
national police commissioner Bheki Cele reintroduced military ranks,
effectively reversing efforts to transform the police from its apartheid era
paramilitary posture.
Given
that the claims are for shooting incidents, damage to property, assault, vehicle
accidents and "other police action", there is a prima facie case that
police officers are poorly trained and indisciplined. In public order policing,
there is also a clear lack of understanding of the doctrine of minimum force.
The
government must urgently reverse the military rank structure in the police and
make sure that a professional policing culture — and not a paramilitary one —
dominates police training.
The law
is clear on when police may use lethal force. Clearly many officers do not understand
this, meaning not enough emphasis is placed on it during training. This must be
rectified, also urgently.
