(University of the Western Cape, 2007) Albertus, Chesne Joy; Faculty of Law
The advent of the supreme Constitution signaled the beginning of an era during which the South African legal system must be intolerant to human rights violations. All laws and conduct must conform to the Constitution. If it does not then the law or conduct must be declared invalid to the extent that it is inconsistent with the Constitution. This paper questions the constitutionality of the use of deadly force against a fleeing suspect in terms of section 49 of the Criminal Procedure Act. In particular this paper sets out the circumstances in which section 49 justifies the use of deadly force against fugitives.