*Shoot to kill-death sentence without trial*

Having grown up in a township where young boys and girls yearned for role
models to give them direction; a place where inadequacies of education
illustrated themselves in our communities more especially in January where
matriculants now wonder what’s next for them, has made me understand the
causations of crime within our society. A place where hope of alleviating
poverty, is still a myth. Unfortunately choices and options that avail
themselves to people that are subjected to such social ills have horrendous
pathways that tend to end one’s life or lead them to the cold corridors of
South African prisons. For most women the alternatives are inclusive of
options such as prostitution, shop-lifting and gambling in township games
known as “U-Mchina” or cards.  Some have found minimal salvation in grant
money and subject themselves to retail exploitation in stores such as
Shoprite which have found a magnificent and loyal market in our townships
despite their disgusting service to our people.

These are some of the social ills that still characterise urban poverty;
poverty that is mostly over looked, due to the illusion that poverty is
minimal in areas of urbanisation. Unfortunately such areas are those that
are more susceptible to it (poverty) and it’s increasing as a result of the
perpetual divisions between the rich and the poor. These divisions have
become more ailing due to the fact that they are now class divisions between
the black elite and the poor black majority.

When South Africans went to the polling stations for the first democratic
elections in 1994, they voted with the hope that the transformation of
government would yield economic and political relief and moreover bring the
promise land to the masses in the form of a better life. Most saw this as a
new beginning for them and the newly elected government would by default be
a government that would be more sympathetic and understanding towards the
conditions that still terrorise the black majority of this country; until
today, the masses still loyally vote for the liberation movement as options
are non-existent in real terms in South Africa. It becomes a sad case when
the very same government now unilaterally decides to set a blind eye on the
conditions that ail the poor and opt to use military methods to deal with
problems in our society.

When I first heard the utterance “shoot to kill” by Commissioner Bheki Cele,
I could not help but question the logic or obscure ideological connotation
from which this mentality stems from. This route or manner of approach for
addressing crime manifests lawlessness and violence amongst the people. It
potentially has the element of destruction in society as this will encourage
retaliation or retribution from those that will fight against the abuse of
this “shoot to kill” tactic by the police force. In the place of respect,
fear will emerge from the members of our society. It’s blatantly clear that
such statements are pre-mature and cannot be condoned. The justification
that was mumbled by the Police ministry brigade for this “shoot to kill”
tactic was that it’s the best form of method to deal with thugs that choose
to execute cops in a gun-battle. Now unfortunately you cannot implement such
a law in South Africa due the short-comings of the whole SAPS. For one
corruption in the SAPS is horrifically the major characteristics of the
force, most people that join the force tend to buy their way in through
bribery. Secondly skills are serious concern within the SAPS and sometimes
it’s embarrassing that you find police officers that cannot even properly
draft an affidavit let alone an official statement. Thirdly we have officers
that tend to think by virtue of their uniform they are above the law.

The abuse hawkers, commuters in roadblocks, they take bribes as opposed to
dealing with cases. They abuse civilians in holding cells, the SAPS has been
implicated in numerous cases where prostitutes were held in holding cells
and raped by men in blue; deaths under police custody have increased.  Lest
we forget that organised crime cases tend to have the men in blue implicated
highly. Now we ask where does the shoot to kill fit in from the above, well
for any police officer that could potentially be implicated in the above can
easily utilise the “shoot to kill” tact to get rid of evidence. The
Independent Complaints Directorate has recently complaint that it has
limited powers to deal with complaints bought against police officers in our
country. We can’t have a police force that will be a law unto themselves.
Yes there is a serious crime issue but unfortunately we cannot look at crime
unilaterally without simultaneously addressing the causations. The SAPS has
no clear transformation policy in place and racism is still an issue. We
have a serious influx of foreigners for example, but that is no lee-way for
police officers to abuse them as they please and this is exactly what is
happening around the country; at the rate the Police ministry is going with
the whole shoot to kill debacle, you would swear that there is a new award
for the number of body bags that police officers bring in.

The amendment of section 49 will not resolve anything instead it will create
animosity between civilians and police officers. Let’s first achieve an
environment that will curb young people from resorting to violent crimes.
Some of the men that have resorted to such criminal activities, are men that
strongly defended the revolution during trying times in the early nineties
unfortunately the government has never had a plan in place to absorb them.
They sacrificed their education in order to see political emancipation and
now they have become statistics within our prisons or are buried by the
bullet of the SAPS.  This whole debacle reminds me of a sad story in the
township where a Fidelity guard was parked outside a petrol station, due to
the inadequate recreational activities that are minimal in the township,
young children play in the street. A young girl mistakenly rolled her tennis
ball under the van as she ran to go get it quickly, she was greeted with a
rain of bullets and until today the family never got compensation for that.
Now this is just Fidelity, a private security company, what more if law
enforcers have been given a blank cheque to murder people equally just like
criminals. A well-trained officer of the law will know exactly when to shoot
and does not need the law to be amended for that. We have worked hard to
eradicate injustice in our country and the process of transforming the law
is far from over. Introducing a new form of death sentence will just take us
back to the dark years of apartheid, the difference will now be that this
will be sanctioned by our very own people.
Phansi with the amendment of Section 49 phansi!!
I remain Gugu Ndima
National spokesperson (YCLSA)
076 783 1516

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