Cops justify use of force that led to biker's death

Cape Town - 090127 - At Khayelitsha's Nonceba Hall on National Police Day there was a meeting to help organize how local organizations could assist the police in dealing with community issues. Photo by Skyler Reid.

Cape Town - 090127 - At Khayelitsha's Nonceba Hall on National Police Day there was a meeting to help organize how local organizations could assist the police in dealing with community issues. Photo by Skyler Reid.

Published Jul 25, 2016

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Johannesburg - As one Joburg family grieve the loss of a loved one accidentally killed in a chase through Randburg last week, the police have said their officers are justified in engaging in high-speed pursuits.

Motorcyclist Steve Brent got caught up in a car chase between police and four robbers on Republic Road on Thursday, with the robbers crashing their Renault into Brent’s motorbike and four other vehicles.

The 49-year-old was thrown off his bike, sustaining severe head injuries, and later died in Milpark Hospital.

After the crash, a shootout between the robbers and police left one of the alleged robbers dead, two others wounded, with a fourth fleeing on foot.

Speaking to The Star’s sister paper, the Saturday Star, Brent’s wife Annie said she was heartbroken, but was trying to stay strong for her family.

Even through her heartache, Annie said her husband’s status as an organ donor allowed her to appreciate that some good came from her family’s tragedy.

“He was a strong man, so his organs can save someone else’s life.

“I just want people to know that even in circumstances like these you can make a difference.”

But as the family prepare for Brent’s memorial service later this week, the SAPS has defended its officers’ conduct during the chase.

“One of our duties as the police is to apprehend suspects. We do everything we can to ensure they appear in court. Sometimes chases happen,” said Gauteng spokesman Lieutenant-Colonel Tsekiso Mofokeng.

He confirmed there were no standing orders or directives to avoid high-speed chases, though it was not encouraged. He added that it was up to the officers’ discretion if such action was necessary to apprehend suspected criminals.

Mofokeng explained that Section 49 of the Criminal Procedure Act allowed officers to determine the use of force during an arrest.

According to the Southern African Legal Information Institute (SAFLII), the Criminal Procedure Act section pertains to the use of force while effecting arrests, and that such action is legitimate in most systems of law.

But what normally is disputed is the degree of force.

“Section 49 provides police officers with legal justification to use force in carrying out arrests, and includes the rules governing the degree of force to be used, as well as the circumstances in which such force may be employed.

“Where a police officer’s forceful conduct extends beyond the ambit of these legislative provisions, the officer maybe subject to criminal liability,” wrote R Botho and J Visser in a study on the SAFLII website.

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The Star

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