The Legal Framework on the Use of Lethal Force in Effecting Arrest – A New Section 49?

This memorandum had been written in response to the previous impasse over the legislative framework dealing with the use of lethal force for purposes of arrest as provided for in the amendment to Section 49 of the Criminal Procedure Act, provided for in Section 7 of the Judicial Matters Amendment Act, 122 of 1998 (henceforward Section 7 of the JMSAA). gives emphasis to a concern that legislation should be realistic. This means that it must be formulated in a manner which reflects who will be exercising the powers conferred by it, and how accountability in relation to the exercise of these powers will be maintained.