POPCRU backs calls for police to fight back and stronger legal protections

The Police and Prisons Civil Rights Union (POPCRU) has thrown its full support behind Gauteng Premier Panyaza Lesufi’s and National Police Commissioner General Fannie Masemola’s assertions that police officers must protect themselves against violent criminals. Speaking to discussions around the use of force at the National Policing Summit in Johannesburg, both Lesufi and Masemola emphasised that police officers must defend themselves and the inhabitants of the country, using force if necessary.

POPCRU President Thulani Ngwenya notes that the union strongly supports these calls, and has highlighted the urgency of reviewing the Criminal Procedure Act (CPA) of 1977, and particularly Section 49, which governs the use of lethal force. Pointing to the alarming number of police killings in South Africa, legislative changes should specifically seek to clarify the conditions under which officers can use lethal force, and remove any ambiguity that could lead to hesitation in life-or-death confrontations, he says.

“As the summit has emphasised, our members must not be allowed to die with their guns in their holsters. If criminals are firing on them, they must be able to fire back without fearing that they will later face disciplinary action or even criminal charges. The CPA, especially Section 49, must be modernised to empower officers in executing their duties, and give equal consideration to the rights of police and victims as it does to the rights of perpetrators.”

Empowering police in the fight against crime

Notably, the South African Law Reform Commission’s (SALRC) discussion paper on the arrest dispensation within the criminal justice system acknowledges that the current CPA does not specify which measures should be used in certain situations, nor does it mandate utilisation of the least intrusive measure possible. This has created uncertainty in police ranks, often preventing police from acting decisively when needed, Ngwenya explains.

“This outdated, 48-year-old law must be revised to align with democratic policing standards and the realities of today’s crime crisis. If police officers cannot protect themselves, they will be unable to fulfil their constitutional mandate to fight crime, maintain public order, and safeguard citizens.”

The National Policing Summit comes at a time when violent crime is rampant in South Africa, law enforcement is overstretched, and criminals are becoming increasingly brazen. Against this backdrop, any criticisms that police use excessive force only embolden criminals, he adds.

“Crime in our country is not speculative. It is a lived, daily reality that demands stronger legislative tools to combat effectively. Those who criticise law enforcement for defending themselves against violent criminals enable a culture of fear and criminality to dominate our communities. Additionally, any mention of human rights must include the right of our officers to return home safely and unharmed to their families. We stand firmly behind any officer who acts within the law to protect themselves and the public.”

Time to demonstrate political will

According to POPCRU, the murder of a police officer is not only an attack on an individual but on the entire state, undermining the rule of law. In response, the union has demanded stronger penalties for criminals who target law enforcement, including classifying police killings as treason.

“It is time for government to apply the full might of the law to deter criminals from these targeted attacks. Achieving a safer South Africa begins with protecting those who protect and serve us. We must guard the lives of our officers who are willing to place themselves in harm’s way to serve our communities. Criminals must not be allowed greater rights and protections than our police.”

POPCRU has further called on Parliament to fast-track amendments to the CPA so that police officers are better equipped to defend themselves and, by extension, South African citizens.

“We need to close the gaps in our legislation without delay, so that the criminal justice cluster performs to its maximum ability, and every citizen feels secure in their home. The wheels of justice are moving too slowly – it’s time for government to demonstrate that it has the political will needed to address the obstacles placing our police officers’ lives at risk and preventing them from doing their work.”