Heavy-handed policing could cost state after lockdown
Eight people have died and twelve cases are being investigated involving police and the military abusing their powers, and according to a legal expert, the lockdown doesn't mean the state can be let off the hook.
A man is searched after being chased down by members of the South African National Defence Force (SANDF) and the police during a patrol in the Johannesburg CBD, 1 April 2020, during a nationwide lockdown. South Africa’s lockdown imposes strict curfews and shutdowns in an attempt to halt the spread of the COVID-19 coronavirus. Picture: Michel Bega
The families of the eight people who have been killed due to heavy-handed policing during the coronavirus lockdown have the same legal options as anyone else who has suffered at the hands of the police, and could file for civil damages.
With eight people killed so far during the Covid-19 lockdown, the Independent Police Investigative Directorate (Ipid) said it was investigating 12 cases ranging from death as a result of police action, to assault that have taken place since the start of the lockdown on 26 March 2020.
Acting National Spokesperson for Ipid Sontaga Seisa said Gauteng had two murder cases, the first involving a Vosloorus man who was shot and killed by Ekurhuleni Metro Police office, and a private security officer.
He said Ipid made an arrest on both the suspects and on the 31 March 2020 the matter was taken to the Boksburg Magistrate’s Court, where prosecutors screened the case and decided to place the matter against the private security officer on the court roll.
“Prosecutions instructed Ipid to collect more evidence against the Metro police officer and re-submit the matter for screening and court enrolment as soon as possible,” said Seisa.
He said that for now the Metro Police officer had been released pending Ipid investigations, and the case against the private security officer was remanded to Wednesday for a formal bail application in the Boksburg Regional Court.
The second murder case took place in Lenasia where the deceased and three adult males were arrested by the police and detained in Lenasia police cells on 1 April 2020.
Seisa said it was alleged that the deceased was assaulted by the arresting officers before being put in the cells.
“The deceased passed on whilst in the police cells the same day. Ipid took over the matter and is investigating a murder charge and possible other criminal charges that might arise during the investigations,” he said.
The Eastern Cape recorded three cases of assault while the Western Cape recorded one death as a result of police action.
In Limpopo there were two deaths in police custody, but Ipid said the preliminary investigations did not necessarily put the blame on the police.
Meanwhile, the South African Office of the Military Ombud has received seven complaints about the conduct of members of the South African National Defence Force official (SANDF) emanating from Polokwane, North West and Gauteng provinces.
One of the complainants alleged he was assaulted by SANDF members with a blunt object to the right eye on 27 March 2020 at Kraaifontein.
Another complainant said they were assaulted by SANDF and SAPS members on 31 March 2020 in the evening at 6th Avenue, Alexandra.
Public relations officer for the Military Ombud, Teresa Magidela, said yesterday that complaints had to relate to official conduct of the SANDF members.
“Where the public does not comply with the law, they still retain the right to be treated with dignity and their conduct may determine the level of force necessary to enforce compliance,” said Magidela.
Legal expert Richard Chemaly said any victim would have a right of recourse in the same manner as any person who has been assaulted in any other circumstances; in the form of a civil claim against the perpetrating body.
“They would likely have to seek their relief from the Minister of Police through the principle of vicarious liability which has been well established in South African law through the case of K v Minister of Safety and Security. As it would be a civil charge, the victim would have to prove damages such as bodily harm, medical expenses, loss of income, etc,” said Chemaly.
He said while the ministry would most likely be liable for the damages, the ministry may also take disciplinary action against any individual perpetrator in the police service.
“It is also worth mentioning that with the military deployed, a person seeking to make a claim relating to law enforcement brutality would need to determine which body their assailant represents, as the Ministry of Police and Ministry of Defense are two separate entities,” he added.
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