The gross effect of the operation of section 49(1) and (2) of the criminal procedure act no.51 of 1977, as amended, on the basic human rights of individuals
Dikgale, Hardley Bunongoe
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This study seeks to explore the origins of the South African rule of law which authorises the use of deadly force in the course of effecting or completing lawful arrests and to consider the scope of this privilege in the modern Jaw as well as its impact on the basic human rights of individuals. Since this dissertation involves a comparative approach, the comparative history of the provisions of Section 49 in this and other countries is surveyed briefly in Chapter One. This chapter is also intended to deal briefly with the provisions of Chapter Three, especially Section 7, 9, 33 and 35, of the Constitution of the Republic of South Africa Act 200 of 1993, as amended. Chapter Two offers an exposition of the use of deadly force by the Security Forces in other jurisdictions, namely the United States of America and the United Kingdom. Chapter Three begins with an evaluation of the dilemmas of police deadly force and proceeds to deal with statistical data depicting the deaths and injuries due to police action as well as settled and pending court proceedings involving the police. Chapter Four offers a catalogue of recommendations for reform of the legislation. Finally Chapter Five will be my conclusion, where I will refer back to the topic to see if the problem has been adequately addressed.