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Tuesday 10 February 2009

Deadly shootouts between police and organised crime gangs are now a defining feature of police work and life in South Africa.

New war on the streets. Deadly shootouts between police and organised crime gangs are now a defining feature of police work and life in South Africa.In the past two weeks in and around Durban, more than 16 criminal suspects, and an innocent bystander, it seems, have been killed in shootouts with police, bringing to the fore the use of deadly force in apprehending suspects.Do these incidents reflect a new, tougher, if not gung-ho approach to combating crime? Have some policemen interpreted too literally the recent shoot-to-kill utterances of some leading politicians?
'Mkhize opened fire when police tried to pull his car over' And how do we know that vital witnesses are not being deliberately taken out by cops on the take? These are just some of the questions various commentators, including violence monitor Mary de Haas, are asking in the wake of yet another suspect killed in Durban this week.
Police said former Maphumulo taxi boss Bongani Mkhize, 44, had been "positively linked" to the recent murder of inkosi Mbongeleni Zondi in Umlazi, and had opened fire when police tried to pull his car over. He was killed when police returned fire.
The Mercury disclosed this week that Mkhize had applied to the Durban High Court in October last year for an interdict restraining police from "killing, injuring, threatening, harassing or in any way intimidating" him.In applying for this order, Mkhize claimed he was being sought by the organised crime unit in connection with the murder of Kranskop policeman Supt Zethembe Chonco.At the time seven other suspects wanted for Chonco's murder had been killed in separate incidents, either allegedly resisting arrest or while accompanying police on investigations.
Police consider the Chonco murder case closed, with all suspects killed, but could there be a link between the Chonco case and Zondi's murder?Head of the provincial organised crime unit, Johan Booysen, would not elaborate on this, but said two suspects in the Zondi murder were in custody, and one had made a full confession.
The day before Zondi's murder, five alleged criminals died in a shootout on the N3 near Camperdown after police received a tip-off about nine men headed to Pietermaritzburg to commit a robbery.Ordered to pull over at a roadblock, the suspects opened fire on the police, who returned fire in self-defence, killing five men, said SAPS spokesperson Director Phindile Radebe."This serves as a warning to everybody that the police are serious about fighting fire with fire," responded KwaZulu-Natal Safety and Security MEC Bheki Cele.Since then another 11 suspects have been gunned down in separate incidents in and around Durban, described as "Wild West-style" clashes.In reality, though, such shootouts bear little resemblance to the Wild West.

They are more violent, involving sub-machine guns, AK47s, R4 rifles, hijacked vehicles, criminal syndicates operating with military-style efficiency and elite police units often operating undercover.

"Indeed, it is a war out there," said Institute for Security Studies (ISS) director Johan Burger.Burger said the number of suspects killed had risen significantly recently, as had the number of policemen killed.He said this was despite the actual number of attacks on police having decreased over the past few years.He said concerns that police had become "trigger happy" were understandable, but needed to be seen in the context of the dangers of combating organised crime, and legislation governing use of deadly force."The legislation is very clear. Police can shoot to kill to protect lives, but any incident where police do kill someone is independently investigated by the Independent Complaints Directorate (ICD), irrespective of the circumstances."Burger said he shared editors' concerns that "shoot-to-kill" rhetoric from politicians might have led to a perception that police were "protected and entitled to use more force than they were legally entitled to"."If they are implying that the police must use deadly force when justified, that's fine, but when it is interpreted by police on the ground that they have wider authority to use more force than legally empowered, it becomes very dangerous."He said incidents where police did shoot to kill also needed to be balanced against the realities of crime in South Africa, particularly the fact that criminal gangs had becoming organised, dangerous, and prepared to kill.
Burger said it was a fallacy that police had to wait until they were being shot at before resorting to deadly force."The moment they judge that their lives are in danger, or members of public are threatened, they are entitled to shoot to kill," said Burger.And it's happening - a new era in the war on crime has begun. Who is winning remains to be seen.

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