Conduct invalidating assent
But the broad principles are clear enough to be understood and applied by anyone of average intelligence and commonsense. As was observed in Govender, neither the seriousness of their crime s nor their trying to make off, nor even both circumstances, put such fugitives beyond the law.
The closing observation by the trial judge that the accused, being on bail, suffer no real prejudice, is therefore a considerable understatement. They are always entitled and often obliged to take all reasonable steps, including the use of reasonable force, to carry out their duties. The constitutionality of that enactment has not been challenged before us. The constitutional propriety of such a delay on the part of the executive in putting into operation a statutory provision passed by the legislature, is tangentially relevant and is touched on below. There is moreover an apparent difference of opinion between the two ministries of state most directly concerned with the section.
Although the section does not specifically refer to police officers but applies generally to all instances of forceful arrest, it is largely the police that come within its ambit. The Department of Justice continued pressing for implementation, but the President declined to publish and thus implement the Proclamation. None of these safeguards applies to the ordinary civilian, who is nevertheless also given the right to use force, provided it is done within the four corners of the section. Here the challenge is to a law conferring on individuals trying to carry out a preparatory step in the system of criminal justice the right to use force and even to kill. Its role in our violent society is rather to demonstrate that we are serious about the human rights the Constitution guarantees for everyone, even suspected criminals.
It is widely recognized in developed legal systems. By committing ourselves to a society founded on the recognition of human rights we are required to value these two rights above all others. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text.
The subsection was rightly held to be inconsistent with the right to life, human dignity and bodily integrity. In this new context, then, the role of the State becomes clear. The right to life, thus understood, incorporates the right to dignity. Notices will be deemed received based on the delivery date shown on the written delivery confirmation notice. This Agreement represents the entire understanding between the parties and supersedes all prior written and all prior and contemporaneous oral agreements relating to the subject matter hereof.
Shooting at a fleeing criminal in the heat of the moment is not necessarily to be equated with the execution of a captured criminal. They are also subject to the supervision and discipline of their superiors. Even when the suspect is likely to get clean away if not stopped there and then, arrest at every cost is not warranted. In doing so, courts are bound to accept the authority and the binding force of applicable decisions of higher tribunals.
That right is not challenged in this case, nor is it addressed in this judgment. One must be careful to ensure that the alarming level of crime is not used to justify extensive and inappropriate invasions of individual rights.
Suffice it to say that the new section bears the stamp of approval of the legislature and could be put into operation within a matter of days. The outcome of the proceedings will touch the lives of many people. Their counsel may retire, accept judicial appointment or die. Moreover, the order emphasises, deadly force is never permissible unless the crime in question is one listed in the schedule to the order.
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