This flagrant abuse of police power violates the South African Constitution on a fundamental level. The State and all its organs including the South African Police Service (SAPS) have a constitutional obligation to respect, protect, promote and fulfil the rights in the Bill of Rights. Accordingly, the SAPS when conducting their job must do so within the confines of the Constitution and other legal provisions such as powers of arrest and the use of deadly force. In spite of the challenges which the SAPS may face on a daily basis, there is no excuse for them to function at any point outside the ambit of the Bill of Rights and the law.

The Marikana massacre, the death of Mido Macia and Andries Tatane are unfortunately but a few of the blatant human rights violations committed by some members of the SAPS. There has been an upsurge in this violent behaviour which is an indication of the lack of leadership and management both at police level as well as governmental level. This behaviour is indicative of the behaviour demonstrated by the police during the Apartheid era. More specifically, Macia being left to die whilst in police holding is strongly likened to what happened to Steve Biko after being brutally assaulted by police.

Members of SLSJ have reported on numerous occasions that when they have visited Khayelitsha for the SLSJ Student Legal Advice Programme, community members have sought advice on police brutality and torture. It is evident that the Daveyton incident is not an isolated event. It should not take an incident which is captured on video and splashed across the international media for government to take notice. Whilst government publicly condemn the Daveyton incident, Minister of Police Nathi Mthethwa and the SAPS are doing whatever they can to prevent the Pikoli/O’Regan Commission of Inquiry which is supported and spearheaded by the Social Justice Coalition. If this country is truly serious about preventing police brutality why is the Minister and the SAPS intent on hindering such a vital investigation by bringing urgent interdicts to prevent such an inquiry and then challenging the High Court ruling by appealing to the Constitution Court?

It is hard as law students and the future legal generation to remain positive about the justice system when indigent community members express concern that police brutality is becoming the norm. Therefore, SLSJ, who are committed to upholding the rule of law and holding those in power accountable for their actions, support a national commission of inquiry into South Africa’s criminal justice system.