Police who refuse to comply with internal directive may be held personally liable
In apparent compliance with the Pretoria High Court ruling in the Collins Khosa "lockdown brutality" case, the police commissioner has sent out fresh, detailed guidelines on how South African Police Service (SAPS) and municipal police must conduct themselves.
Signed on Tuesday by General National Commissioner Khehla Sitole, the memo falls within the two-day deadline set on Friday by Judge Hans Fabricius in a supervisory order that included a ruling that SAPS and the South African National Defence Force (SANDF) command all members to desist from torture or cruel and inhuman treatment.
The law only empowers members to use force in certain limited circumstances (if a person attempts to evade arrest by running away, is verbally threatening, or is portraying threatening conduct) and it envisages that no force will normally be required.
Even if authorised in law, an officer should normally refrain from arresting a person if attendance at court can be secured by means of a summons, or if the member believes that a magistrates court, on convicting such a person, will not impose a fine exceeding R5,000.
Complaints of torture, excessive force, inhuman treatment and punishment must be reported to station commanders, community service centres, provincial officers of police watchdog IPID, or to the National Service Complaints Centre.
