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

[摘要] This study seeks to explore the origins of the South African rule of lawwhich authorises the use of deadly force in the course of effecting orcompleting lawful arrests and to consider the scope of this privilege in themodern Jaw as well as its impact on the basic human rights of individuals.Since this dissertation involves a comparative approach, the comparativehistory of the provisions of Section 49 in this and other countries issurveyed briefly in Chapter One. This chapter is also intended to dealbriefly with the provisions of Chapter Three, especially Section 7, 9, 33and 35, of the Constitution of the Republic of South Africa Act 200 of1993, as amended.Chapter Two offers an exposition of the use of deadly force by theSecurity Forces in other jurisdictions, namely the United States of Americaand the United Kingdom.Chapter Three begins with an evaluation of the dilemmas of police deadlyforce and proceeds to deal with statistical data depicting the deaths andinjuries due to police action as well as settled and pending courtproceedings involving the police.Chapter Four offers a catalogue of recommendations for reform of thelegislation. Finally Chapter Five will be my conclusion, where I will referback to the topic to see if the problem has been adequately addressed.

[发布机构] University of the Free State