An assessment of the reasons for the police’s use of excessive force and the dwindling confidence in their ability to protect human rights in South Africa
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Date
2024
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Publisher
University of the Western Cape
Abstract
Presently, the police are regarded as the most corrupt institution in South Africa, hence it is opportune to place the spotlight on the causes of their constant use of excessive force. Importantly, it must be questioned why the continued use of excessive force is rapidly eroding the public’s trust in the police to protect their human rights. Much has been said about why we are losing faith in the police, but the link between police brutality and the public’s dwindling trust in the police as protectors of their rights has not been explored profoundly. This thesis sought to make a modest contribution in this regard. It considers the laws that permit the use of force and the reasons why the police routinely violate such laws. The thesis also interrogates why the use of excessive force colours the public’s negative perception and lack of faith in the police as guardians of fundamental human rights. International, regional and domestic law and experiences are considered through an extensive review of extant literature and studies on police brutality and the effects on civilians’ faith in the police to keep them safe and to protect their rights. Indications are overwhelmingly that issues such as poor leadership, political interference, lack of adequate oversight, poorly trained officers who lack knowledge and often respect for constitutional and legal prescripts, and lack of technology, i.e. less-lethal weapons and de-escalation training coupled with prejudicial beliefs about certain communities, exacerbate policing in South Africa. The police force thus symbolises a breeding ground for the flourishing of violence with impunity. It leaves the public with little choice but to lose faith in the police.
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Keywords
Constitutional duty, Corruption, Ethical leadership, Excessive force, Less-lethal weapons