Bheki Cele

Photo: GCIS

Cele: Police can use lethal force, buying cigarettes warrants criminal record

Cele said that police can use lethal force if their lives are at risk, and warned that smokers face criminal records for buying cigarettes.

Bheki Cele

Photo: GCIS

Police Minister Bheki Cele says that police officers are within their rights to use lethal force if necessary to their crime-fighting efforts, and also said that if you’re caught buying cigarettes, you’re going to get a criminal record. 

Speaking during a parliamentary question and answer session on Tuesday 1 July, Cele said that while government and the South African Police Service (SAPS) in no way supported police brutality, appropriate force needs to be administered in certain situations. 

A total of 49 cases of police brutality have been reported since the start of lockdown.

Policy brutality condemned, but ‘proportional force’ permitted

Cele said that the law clearly states the parameters of response allowed in certain situations involving police, and said that oversight structures are in place to ensure that these boundaries are not crossed.

“Police are constantly reminded of the human rights framework they work under. Nobody supports police brutality, but police will use proportional force to defend themselves and protect innocent lives,” he said. 

“They are also allowed to use deadly force and that is what the law says, not me.”

“We have structures internally and then there is the Independent Police Investigative Directorate (Ipid) that oversees the actions of police. We subject ourselves to all these processes and we listen to other people regarding our action,” he said.

Cele announced that of the 49 cases of police brutality that have been reported, 36 have been finalised, with 20 of those found to be valid charges and one resulting in disciplinary action against an officer. 

“No criminal charges have been instituted in any of the matters that were finalised,” Cele said.

He added that 13 cases are still pending investigation.

Cele warns of criminal record for smokers buying cigarettes 

Cele then continued on his charge for “most unpopular man in South Africa” by saying that if citizens are caught buying cigarettes illegally during the lockdown, they are liable to earn themselves a criminal record. 

“It is not just the regulations, not just the Minister of Cooperative Governance and Traditional Affairs [Nkosazana Dlamini-Zuma], or Minister of Police [who are saying that buying cigarettes is illegal], it’s a full bench of a senior court in the Republic of SA,” he said. 

“So, if people [buy or sell cigarettes], that is to commit a crime, so there must be a criminal record.”

“You did it knowing full well that you are not supposed to,”  Cele said.

He said that discussions were ongoing with the Department of Justice (DoJ) to establish exactly how punitive measures should be administered. 

“It is on that score that the Department of Justice has come to the police to discuss how we look at those [offences], but there are some who have been found working with organised cartels, transporting cigarettes … those will have to stay with their criminal records, but on petty [offences], the Minister of Justice is looking at that,”  Cele said.