DURBAN - THERE has been much debate about placing the country under a state of emergency, which would restrict people’s movement while allowing the economy to operate smoothly.
Police unions are refraining from commenting on the matter. However, on the ground, three police unions have stressed that their members were fatigued, outstretched, outnumbered, fatigued.
Police and Prisons Civil Rights Union (Popcru) provincial chairperson Jeffrey Dladla said they had not gotten a chance to discuss matters at length.
“The organisation is still going to sit and come up with a statement in this regard.” Dladla said they were disturbed that there was no plan on how their members would take their day off, as they were already fatigued.
SA Police Union (Sapu) spokesperson Peter Nsime said the matters at hand required leaders who had the political will to talk to people, not on television but on the ground.
“All leaders, not just in politics, must go to the people and speak some sense.”
Nsime said there was a need to look at how best one can address the matters.
Independent Policing Union of South Africa (Ipusa) secretary-general Mpho Kwinika said they were concerned about the well-being of the SAPS members, and law-abiding citizens within communities.
“Our members are currently expected to work under conditions which do not promote their physical safety. Their mental well-being is also compromised, as some have been called back from leave.”
Kwinika said they had received numerous complaints from members about the lack of resources such as protective shields and bulletproof vests.
“We must remember that most of them do not form part of the medium to high-risk officers such as the TRT, NIU and Task Forces. These are ordinary police officers who are suddenly expected to step up and clean up the mess,” he said.
“We have been made aware that some of the mobilised members have been declared incompetent to carry firearms. How are they going to perform their function of protecting lives and property without carrying firearms?”
Kwinika said they felt that well-equipped and experienced officers working together with the army would assist to normalise the situation.
Meanwhile, the South African Cane Growers Association and the Beer Association of South Africa have called on President Cyril Ramaphosa to declare a state of emergency, due to the losses suffered by these sectors, since the beginning of violent protests and the looting.
Dr Johan Burger from the Institute for Security Studies said section 37 of the Constitution and the State of Emergency Act provided the state and its security services with emergency powers while Parliament and the courts retained their oversight functions.
“State of emergency allows for detention without trial for limited periods and only for as long as the courts can be convinced that they still pose a threat to law and order,” Burger said.
He said such detention would be reviewed by the courts as soon as possible but no later than 10 days from the date of detention.
Full particulars, he said, must be published in the Government Gazette, with the name and place of detention and full access to a legal representative and a medical doctor of the detainee’s choice.
“The president can declare a state of emergency for a maximum period of 21 days which can be extended for three months by the National Assembly with a simple majority and further extensions will need a 60% majority,” said Burger.
Professor Siphamandla Zondi, of the Institute for Global Dialogue, said the state of emergency would bring stability and restriction of rights.
“When law enforcement forces are empowered to act with more lethal power, looters might think twice,” Zondi said.
He added that many countries would have declared emergencies in cases similar to Saturday when trucks were burnt, to ensure it does not continue.
Daily News