NATIONAL GUIDELINES FOR THE PROTECTION OF FARMS AND SMALLHOLDINGS
Reference: Hints and Guidelines on Rural Protection (SAPS/SANDF)
Guidelines to Rural Protection in the Eastern Cape
Regulation 28 of the Firearms and Ammunition Act, 1969 (Act No 75 of 1969) in anticipation of the new regulations in terms of the Firearms Control Act, 2000 (Act No 60 of 2000)
Section 49 of the Criminal Procedure Act, 1977 (Act No 51 of 1977
National Instruction 1/2002 of the South African Reserve Police Service
Foreword by the President of Agri SA
One of the top priorities of Agri SA is to find solutions to the high incidence of farm attacks which has a negative impact on the agricultural community. We strive to make a noticeable difference with respect to rural safety. By ensuring the farmers safety we enable them to produce agricultural products competitively.
The financial contribution of the Agri Securitas Trust Fund to this booklet is proof of our commitment to helping the agricultural community look after their own security.
It is a privilege for Agri SA to be involved closely with the SAPS in this noteworthy initiative which brings valuable information to the whole farming community. Remember: your well-being is of important to us. Together we can make a difference.
Japie Grobler
Chairman: Agri Securitas Trust Fund
President: Agri SA
Introduction by Assistant Commissioner F J Burger
This booklet was created for the sole purpose of enhancing rural safety, specifically the safety of the farming community. The Provincial Operational Coordinating Committee (POCOC) of the Eastern and Western Cape took the initiative to draw up safety guidelines and collect them in a booklet. The National Operational Coordinating Committee (NOCOC) decided to distribute this booklet nationally and, at the same time, to supplement it with contributions from other role-players.
The booklet contains information about the South African Police Service (SAPS), the South African National Defence Force (SANDF), and organized agriculture. It explains how these organizations are structured and organized to combat attacks on farms. It also discusses the Rural Protection Plan (RPP) and how it is integrated with Operation Akuntus II, a joint operation between the SAPS and the SANDF aimed at improving rural safety.
One of the most important features of this booklet is the safety hints it contains. These safety hints are necessary because the security forces (SAPS and SANDF) identified personal safety and security of the farming community as one of the most neglected areas of the RPP. The safety hints, if properly applied, will greatly contribute to a safer farming community.
THE SOUTH AFRICAN NATIONAL DEFENCE FORCE:
THE COMMANDO SYSTEM
The Commando system is a voluntary, part-time force of the SA Army. Each Commando is responsible for the safeguarding and protection of a specific community (both rural or urban). Their services are more commonly referred to as area protection. The area protection system involves the whole community and, therefore, even a member who is not a commando member can enjoy the protection the system offers him/her, although he/she will not enjoy the full advantages accompanying membership to a local Commando.
The participants in the Commando system do not have military commitments outside of the areas they serve, and are responsible for the safety and security of their own communities.
The system, in short, entails that a specific community is divided up into smaller, more manageable sections or cells. Each cell comprises of a number of farmers/households, depending on the vastness of the area and dispersion of the areas inhabitants. Cell members are in contact with each other by means of telephone or a radio system which serves as a backup communication system in the event of the telephone lines being out of order. Alternative communication systems are therefore a vital element of the protection plan of any cell. The cell members have a communication link with their cell leader (who is elected by the members) who, in turns, has a communication link with the local police station. This ensures quick reaction by the police in the event of an attack. The cell leader can notify the local Commando if a stronger force is required.
This process of communication is time-consuming and, therefore, the members of a cell should be able to protect themselves and rely on support from neighbours and other members of the cell to ensure immediate response in an emergency. For this reason a cell must plan for certain contingencies before they happen. The local Commando will assist the cells with drawing up contingency plans.
The most crucial aspect to the effective functioning of this system is the cooperation of each and every member of a cell. Get involved its to your own advantage!
Community police forums (CPFs) exist at station, area and provincial levels. Further, the farming community is encouraged to join the South African Reserve Police Service (SARPS) where they will learn valuable prevention measures and how to improve emergency communication systems.
Once they have joined a CPF or the SARPS, the farming community is briefed on their rights, eg. their right to make citizens arrests and to use firearms.
The SARPS is a voluntary, part-time service. Reservists fall into four categories, namely, functional policing; support services;
specialized functional policing; and rural and urban sector policing. Reservists who fall in the category of rural and urban sector policing are closely involved with the protection of farms and smallholdings.
Volunteers can apply at their nearest police station to be enlisted as Reservists.
Reservists are selected according to the same set of requirements as applicants for permanent appointments, but a drivers licence is not a requirement. The usual requirements relating to drivers licences, academic qualifications and psychometric tests do not apply to applicants wishing to be enlisted as reservists in the category of rural and urban sector policing.
The new National Instruction on the South African Reserve Police states that a reservist appointed in Category D: Rural Safety Policing-
must perform duties excluding specialised functional duties, in operational facets of policing related to sector policing in urban and rural areas at station level;
may wear uniform;
must be trained in the aspects of functional policing that relate to his/her duties;
may, in accordance with Regulation 5 of the Regulations, be called up by the National Commissioner or a provincial commissioner to report for duty at a place on a date and time determined by the National Commissioner or provincial commissioner and to perform duties related to sector policing in urban and rural areas at such places and for such periods as may be determined by the National Commissioner or the provincial commissioner concerned;
is exempted from the usual selection requirements relating to academic qualifications and psychometric tests;
may only perform his/her duties in areas specified by the commander concerned;
must report for duty in a manner prescribed by the commander;
must be utilized for sector policing as determined at intervals by the National Commissioner or his/her delegate;
may be transferred to any other category if he/she complies with all the requirements for the specific category and has undergone or is willing to undergo the required training for that category; and
may not, without the written permission of the National Commissioner, perform general operational duties for the Special Task Force, Protection Services, a national key point, an airport or any intervention unit.
Every commander must determine the placement of reservists at his/her station, unit or other office of the Service in accordance with the needs and priorities at his/her station, unit or other office.
Agricultural associations nationwide participate actively in the RPP. These associations are affiliated to provincial agricultural unions. Provincial agricultural unions are affiliated to umbrella structures such as Agri SA and TAU SA which represents farmers at national level.
INTERACTION BETWEEN THE THREE ROLE-PLAYERS
The organizations that coordinate the activities of the SAPS, SANDF and organised agriculture and other concerned parties under the RPP are known as the Operational Coordinating Committees (OCOCs) which are structured as follows:
GOCOC (Ground-level Operational Coordinating Committee)
The three role-players are represented at ground level in this committee and managed jointly according to police station wards. This is the foundation of the whole system.
AOCOC (Area Operational Coordinating Committee)
This is the next level where the three role-players are represented and where they are managed on the basis of the polices area levels.
POCOC (Provincial Operational Coordinating Committee)
This is the next level where the three role-players are represented and where they are managed on provincial level.
NOCOC (National Operational Coordinating Committee)
This is the highest level at which the three role-players are represented and where they are managed on national level.
Introduction
Implementing safety measures requires proactive planning. In other words, a community has to be prepared for any eventuality. Even though an individual can defend himself/herself to a certain extent, an alert community is more formidable deterrent.
MEASURES OF PREVENTION
ATTRACTIONS |
PROACTIVE ACTION |
Easy access to a farm |
Access control stand by your rights as a farm owner |
A large amount of money is kept at the homestead |
Reduce the amount of cash by means of frequent banking |
Several weapons are kept at the homestead |
Keep as few firearms as possible at the homestead |
Easy access to weapon safes |
Restrict access to weapon safes |
Vehicles are available as means of escape |
Implement measures to restrict access to vehicles |
THE MECHANISM OF AREA PROTECTION WITHIN THE RAMEWORKOF THE RPP (AKUNTUS II)
The mechanism of area protection consists of the following:
Home: The reinforcement of the house
Hearth: Safety drills for the occupants
Area: Organizing actions/intelligence Gatherings/information gatherings in the area (groups of farms/communities/towns)
Communication: Communication between employer and the employee
INTERACTION BETWEEN THE SAPS AND THE COMMANDO
If you join Farm Watch, the Commando or the SAPS reservists, you will learn valuable crime-prevention measures and improve your emergency communication systems.
Ensure that you are represented by an agricultural representative on the local community policing forum and keep up with things going on in your environment.
Get involved in the RPP (Akuntus II). Ensure that there is a contingency plan, it is rehearsed regularly and every individual knows what his/her task is.
Attend the meetings of the Rural Safety Committee on a regular basis.
Plot and code farms for interaction, communication and early protection.
Contact your local Commando or police station for more information about the RPP.
Do not create opportunities for criminals. You can prevent crime. Get involved in crime-prevention activities. Get your labourers involved. Participate in joint ventures.
Safety measures will not necessarily ward off a farm attack. However, they can slow down an attack and make it more difficult to carry out an attack.
The following safety measures can be implemented:
A fence around the house with gates that can be locked is better than a high wall because of the advantage of visibility. An expensive high or electrical fence is not essential but it will make access to the house difficult. The main aim of the fence, first, is to delay the attack and, second, to keep dogs around the house. Razor wire, barbed wire, empty tins or bells can be attached to the fence as added early-warning mechanism. Gates must be locked at all times.
Every outer door must be fitted with a security gate and a sturdy lock. Keep security gates locked at all times. Burglar-proofing must cover al the windows.
A security gate inside the house that separates the sleeping quarters from the rest of the house could prove vital in the event of penetration of the house. The emergency communication system and fire extinguishers should preferably be installed near the sleeping quarters.
The following devices prevent easy access to a house:
Burglar bars
Security doors
Double fencing
Security gates
Razor wire
Bars behind doors
Additional locks on doors
Reinforced doors
Peepholes in the doors
Safety chains on doors
An intercom between the house and the gate, front door or garage
Firearms must be readily accessible at all times and must, if possible be carried on the person. Ensure that weapons are serviceable. A person who carries a weapon must know how to handle it and must be prepared to use it.
A siren/alarm on the roof and a few alarm switches in the house can be heard over a long distance. It can be used if other communication methods fail. An alarm/siren must be tested regularly to ensure it can be heard over a long distance. The alarm must warn the occupants that the house has been penetrated when they are not at home to prevent an ambush when they return home. A light on the roof or a more expensive device that is linked to a cellular phone would be a good investment.
The following are examples of alarm systems:
Mechanical and/or electrical systems
Improvised systems:
Tins containing stones that are strung together
Pieces of iron that are strung together
Gravel under windows, on pathways and around the house
Obstacles that make a noise when moved
Animals:
Dogs
Geese
Ostriches
Security lights that are connected to a light-sensitive switch on the outside of the house is a good way to improve security on a farm or smallholding. The lights must be directed away from the house but the occupants should be able to use the windows without being visible from outside. Shadows and blind spots must be taken into consideration.
Areas of a 20 m X 80 m radius near gates, farm roads, T-junctions where farm roads meet main roads and foot paths must be cleared regularly to prevent ambushes.
Stand by your rights as the owner of your farm. Strangers or temporary labourers should first get your permission to enter the farm. Ask your local police station what the law allows you to do and how you may apply your rights on the farm.
Farm labourers
Establish a good relationship with workers on the farm.
Keep a copy of every labourers ID.
Encourage workers to be safety conscious and to report crime.
Encourage workers to be on the lookout for strangers in the area and to notify you of their presence.
Reward workers for any useful hints and information they give.
Provide adequate protection for the labourers houses and families.
Do not allow anybody on the farmyard or in the house before having identified him/her, especially at night.
At least one dog should sleep inside the house.
Ensure that heavy tools such as axes, spades, picks, tommy bars, ladders, etc are locked away when not in use.
Control over keys:
Use codes instead of written labels to mark keys.
Avoid carrying large bunches of keys with you.
Use locks that work by means of a code. The codes must be changed regularly.
Remove keys from vehicles when they are not needed.
Change locks when their keys disappear.
Ensure that all doors (including security and garage doors), windows and gates are kept locked when not in use.
Before unlocking anything, make sure you have the correct key handy.
Never hide a key in predictable places such as under a doormat or in potted plants.
When a key is left in a keyhole on the inside of the door, it should be turned to prevent it from being pushed out from
the outside.
Every time you leave the house, tell your family where you are going, what route you will be taking and when you can be expected back.
Test your telephone regularly to ensure that it is in a working condition. Put the telephone installed in an accessible place in the house that is at the same time not vulnerable to gunfire through any windows.
Always keep a torch nearby during the night. When using a torch, do it in a way that it does not give away your position.
Take precautions to prevent the theft of fuel and supplies.
Vary your daily routine.
Make it a habit to not go to sleep immediately after switching off the light at night. Stay awake for a while. Do not sleep in a place where you are visible from outside.
Do not stand in front of the window when opening or closing the curtains. Move with the curtain so as not to present yourself as a target. Curtains should not be transparent. The movement of people behind curtains must not be visible through the curtains at a distance of about 100 m.
Take photographs and fingerprints of all employees to discourage them from getting involved in crime.
Regular target practice on the farm (within the safety measures) is also a good deterrent to any would-be criminal.
Your children must be able to answer the telephone in the correct manner. They should also not talk with strangers or take presents from strangers. Everybody in the household must participate in the safety drills.
Keep an old camera in your vehicle. Take photographs of all strangers in the area or strangers visiting your farm.
If you are unsure about how safe it is at your home when returning from a trip, contact a neighbour to assist you in searching your home. This will prevent ambushes.
Identify places that are relatively safe, eg. bathrooms, toilets or storerooms. The fewer windows and doors there are, the better.
Do not keep inflammable substances in the house.
Know the area well to be able to escape, especially at night.
Always arrive home in the day.
Familiarize yourself with the protocol regarding farm visits by the police, the Commando or neighbours.
Effective communication is a crucial part of rural protection. Therefore, every farm must be in communication with other farms in the area, the SAPS and the SANDF.
There should be two emergency support systems as back-up, eg. a telephone and a citizen band radio. A cellphone is useful because it does not have a line that can be cut.
A radio network must be established that must be checked frequently and maintained. A responsible individual must be assigned to perform this task.
The farm workers/staff are part of the team, and they should be involved in security measures.
Farm workers must be involved on an equal footing in maintaining security on a farm.
Workers must be familiarized with the use of code words to signal an emergency when necessary.
Fall into the habit of noting details.
Identify and inform everyone on the farm of possible access and escape routes.
Communication systems (including alternative communication systems) must be tested frequently.
When labour disputes occur the security must be stepped up. Regard all information as significant.
Explore different types of systems. Pass on intelligence to cell members, the Commando and the SAPS.
A good employer/employee relationship is very important.
By detecting the warning signs of a farm attack, an attack can be prevented and the farming community can be mobilized to neutralize the threat. It is, therefore, important to be constantly on the lookout for the warning signs and to report them to the intelligence coordinator of the area or another member of the Security Forces. The following are examples of warning signs:
Strangers present in, or strolling about the area without an apparent reason.
Strange vehicles making use of farm roads or strangers camping in the area. Look out for unfamiliar tracks.
The unexplainable death of a watchdog.
Be on the lookout for evidence of the presence of intruders, eg empty bottles or tins; cartridge cases; pieces of paper; buttons; pieces of material; footprints or shoe prints; ash of fires at apparent campsites; waterholes and river beds; remnants of meals; cigarette butts; empty boxes; excrement; string; broken-off branches; and plastic bags. The evidence might form a pattern.
If you have any concerns, share them with your neighbour.
Be alert to the theft of food, fuel, livestock, game, etc.
Strangers who enter the farm for apparently valid or harmless reasons and then trying to make unnoticed observations of the area.
Note any unusual behaviour of birds or animals - it could indicate human presence.
Be on the lookout for markings on the ground that could indicate that people spent time observing the house from certain spots. The sleeping and living quarters of the house are usually observed from these locations.
Be aware of well-clothed strangers standing at pick-up points in the mornings or loitering near the entrance to the farm. These strangers normally do not get into one of the usual taxis but are picked up by other vehicles
People driving by the farm very early in the morning and who sound their hooters to upset the dogs.
Strangers who try to buy goods or stock or ask for help early in the morning, late in the afternoon or early in the evening.
Be on the lookout for any unusual behaviour or activity and report it to the SAPS and cell leaders.
Think about what you will do if you were attacked at different places on the farm and in and around the house. This will help you to think faster and more clearly when an attack occurs. Have the members of your household practice their reaction in various scenarios.
Think - do not panic. Your mind is your first line of defence.
Evaluate the situation: Is someone nearby? Can you escape?
Do not be verbally abusive towards your attacker(s). Research indicates that verbal abusiveness tends to make the attacker(s) more aggressive even when they get what they want (eg. weapons or money). The attacker(s) will hurt a victim who is verbally abusive during the incident.
If the attackers ask for the keys to the safe, hand them over without resistance. Research indicates that the attacker will use force to obtain the keys, and may even kill or main the victim out of frustration.
If possible, let the attackers know about the mobilization effort of the community and the SANDF and/or SAPS. For example, have them listen to the citizen band radio or show them cellphone SMSs or voice mail messages. Research indicates that attackers are normally very scared to be apprehended, especially by the community. If the attackers doubt that escape will be possible, they usually flee before carrying out the whole attack.
Security is very important to the attacker. Therefore, if possible, without provoking the attackers, let them know they are known and can be traced afterwards. This normally increases the attackers fear of being apprehended and they might flee before completing the attack.
Do not resist your attacker unless the use of force AT THAT MOMENT could lead to your escape.
If your instincts tell you to resist, do not hold back. You MUST hurt your attacker. Press your thumbs into his eyes. A kick in the groin is also effective. It is vital that you immobilize your attacker until help arrives or you can get away.
If resistance does not work, try to notice things such as the attackers age, height, hair colour, scars, tattoos, a limp, clothing, speech accents and speech patterns.
Try to leave your fingerprints wherever you can. Also try to leave small personal items behind such as an earring, a lipstick, a handkerchief or a cuff link - anything that can be used as proof that you were present at the scene.
Numerous victims have warded off an attack by merely talking their way out of the situation.
Answering the door
An adult or responsible person should always answer the door.
Identify the person on the outside (before opening) by looking through the peephole or a window or by means of voice recognition.
Do not allow entry until the person has been identified positively.
Do not assume persons dressed in uniform or persons that are well-dressed can be trusted.
Do not remain standing in the doorway. Stand to one side.
Devise a method or a device (a letter flap or an opening under the door) for receiving documents without opening the door.
Make sure the safety chain is secured properly while establishing the persons identity.
When in doubt after hearing a heart-rending or convincing story, DO NOT OPEN THE DOOR TO A STRANGER!
Forced entry, rape or assault
Sound the alarm.
Summon help if possible.
Stay calm, think logically, and think ahead.
Note as many details as possible about the person(s) appearance.
Do not provoke or agitate the intruder.
Avoid actions that could provoke more violent reaction from the intruder.
Do not go looking for the intruder. Take up a position and let the intruder walk past you. Sit on the ground, for example.
Confront and/or apprehend the intruder only if you can take absolute control of the situation.
Be careful not to disturb evidence.
Do not take the law into your own hands.
Do not exceed the limits of self-defence.
Hand over the apprehended person to the SAPS as soon as possible.
Arriving back home
When a husband and wife arrive back at the farm in the night, the wife should drive the vehicle up to the gate. The vehicles two-way radio must be switched on, and the headlights switched off. If possible, the area should be scanned with a hand-held spotlight before the husband gets out of the vehicle.
The husband should open the gate after observing the surroundings.
The vehicles lights should remain switched off when being driven through the gate.
The husband should observe the house and yard for anything unusual before he approaches the homestead.
The vehicle should be parked in a position that will enable easy escape.
After they have climbed out of the vehicle they must approach the house cautiously.
The engine must be left running. The husband must secure the house and its surroundings.
They must be sure that the house and its surroundings are safe before entering.
Once the house is considered safe, the rest of the family can go inside, and the vehicle can be parked in the garage.
REMEMBER: Avoid travelling alone.
If something unusual is noticed, the family members should not investigate it themselves. Instead, they should summon help or escape.
Armed attacks
Always keep neighbours, the SAPS or the Commando informed of your basic particulars and your movements.
Raise the alarm and call the neighbours for help.
Take the children to the most secure place in the house.
Stand against the walls and not against closed doors or windows.
Return fire if possible.
Give resistance until help arrives.
The breakdown of a vehicle
Try to establish what is wrong with the vehicle.
Summon help (use a cellular phone or citizen band radio).
Try to repair the vehicle if possible.
Do not remain in the car when waiting for help, but keep the vehicle in view.
Lock the vehicle and wait for assistance.
Find shelter a distance away from where the vehicle can be observed.
Every vehicle must have basic tools such as a lifting-jack, screwdrivers and pliers.
REPORTING PROCEDURES
In the event of being attacked in your home at night, immediately switch off all interior lights and switch on all exterior lights. A single switch that controls all interior lights is desirable. Activate all alarms.
Contact your nearest neighbour on the citizen band radio. If the radio is linked to the local police station contact them, too.
If possible, contact the nearest police station by telephone, cellular phone or citizen band radios.
Proactive actions must be planned and executed, not only by individual
families, but also by groups of families forming an organization capable of
safeguarding an area. Interdependence is conducive to a high level of
security in a community or region.
Emergency numbers:
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NAME |
OFFICE |
HOME |
CELLULAR |
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SAPS |
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FIRE DEPARTMENT |
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AMBULANCE |
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HOSPITAL |
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DOCTOR |
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NEIGHBOURHOOD WATCH |
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EMERGENCY & DISASTER |
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DETECTIVE BRANCH |
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STOCK THEFT UNIT |
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FRIENDS |
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Proactive measures taken regionally consist of the following:
The members of the groups or cells in the area must carry out regular patrols.
Cell members must man observation posts.
Farmers must keep emergency numbers and frequencies by telephones and citizen band radios.
Contingency plans must be in place and should be practised regularly.
Each and every farm / household must know what their tasks and responsibilities are in a crisis.
Regular feedback must be given to the SAPS and the Commando to plan counter-actions to be taken.
It is important to identify access and escape routes for vehicles and persons on foot.
Every cell member must be in possession of the layout of the homesteads of the other cell members.
Before going away, inform the members of the community and the cell management of your plans.
A list of emergency resources must be available.
Find out what strangers are doing in the area.
Be aware of peoples movement in the area, whether by road or on foot.
The SAPS, the SANDF and the Commando must hold regular roadblocks.
GET INVOLVED - ITS TO YOUR OWN ADVANTAGE
HOW SAFE ARE YOU?
Below are questions that everyone living on a farm should ask himself or herself daily. When you answer yes to all the questions, your chances of being attacked will be reduced.
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YES |
NO |
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Are the safety doors, gates and burglar proofing of your homestead still effective? |
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Are the security lights and alarm system in working order? |
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Is the security fence still effective in preventing unwanted access? |
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Are the watchdogs still effective? |
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Are alternative communication systems, over and above the telephone (eg contact with the neighbours, the Commando and the police), in working order? |
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Does your family still apply safety measures and practise the emergency plan(s)? |
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Is there an early warning system on your farm and is it still effective? Will your employees report strangers and strange vehicles on your farm? |
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Is the attitude of your employees such that they will protect your family when you are away? |
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Are your employees able to defend themselves? |
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Are your employees trained and informed enough to help you, or to go for help when you are attacked? |
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Do you apply the different methods that will keep you safe from attacks when coming from church, town, etc. |
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Does everyone on the farm know what to do in the event of an attack? (Is there an emergency plan?) |
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Do you keep the security gates locked during the day? |
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Are you alert while opening gates? |
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Do you have immediate access to your weapons? |
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Do you know what to do if you are held up with your own weapon? |
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Would your family be able to help you if you were attacked? Would they be able to resist an attack affectively? |
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Do you know how to apply first aid and is the first aid kit up to standard? |
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Do you check the telephone wires regularly to see if they were cut? |
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Is everyone who is expected to handle a weapon trained in the use of a firearm? |
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Do your neighbours know when and for how long you will be away, and do they keep an eye on your family and property? |
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Do you and your neighbours contact each other regularly to check on each others safety (eg when returning from church)? |
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Do you have a vehicle ready to pursue assailants after an incident? |
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Do you exercise control over the keys of your vehicles? |
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17.25. Is fuel stored under lock and key? |
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Are toxic substances kept under lock and key, and is the use of toxins controlled? |
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Are you always on the lookout for strangers on your farm? |
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Does the layout of your garden promote safety? |
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Do you approach strangers, who might be armed, with the necessary caution? |
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Do you have a method of preventing an attack by strangers who enter your property to buy something or who are looking for work? |
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Do you and your neighbours exchange ideas on safety? |
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Are you an active member of the local Commando or SAPS reservists or RPP? |
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Do you use the opportunity to be supported by the SANDF to protect your family and property? |
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MINIMUM FORCE - DOCUMENT IS AN EXTRACT FROM THE OPERATIONAL LAW TRAINING GUIDE DD OF THE SANDF, APRIL 2000
The principle of minimum force is one of the most important underlying principles of all activities of the SANDF. Regardless of the activities undertaken, they must always be subject to the principle of minimum force. Minimum force is the golden rule that must be considered in all circumstances.
Minimum force can, objectively viewed, be described as the amount of force that is necessary to achieve the intended aim.
The test for deciding whether or not minimum force was used is objective, ie it is decided whether the force, measured in terms of the reasonable-man test, was reasonable. The test is whether a reasonable man, under the same circumstances, would have applied the same amount of force.
A useful criterion that can be used when determining minimum force is to ask the question: Isnt there another way to deal with the situation? If the intended aim cannot be achieved without using the force, then the force to be used will be minimum force. When answering the question Isnt there any other way, all the relevant factors and circumstances objectively present must be taken into account.
Concurrent with the principle of minimum force, the following question arises: When, under what conditions and in which manner may a firearm be fired.
Every situation has unique circumstances and the circumstances play a major part when determining whether the use of a firearm constituted minimum force or not. Therefore it cannot be stated beforehand whether a firearm may be used in a specific situation or not. At the most, basic principles can be laid down for deciding whether to shoot, or not.
The golden rule is still minimum force. In every situation there must be determined whether there is no alternative than to open fire.
It is important that there must be a balance between the offence committed and the amount of force used.
Factors that must be taken into account:
When a person resists arrest, he/she should be overpowered physically instead of being shot.
A person who resists arrest should be let go without being fired upon if there is a big chance he/she will be traced later.
The safety or desirability of firing warning shots. (However, the firing warning shots in urban areas are not recommended).
In most circumstances it is safer and more desirable to wound a person rather than giving a fatal shot.
The seriousness of the legal principle that must be served in relation to the life and physical integrity of the person who must be arrested.
The courts have decided it is legal to shoot a person in the following circumstances, subject to the principle of minimum force:
To protect lives
The attack or threat must be aimed at a person (no matter who it is), in which case the use of a firearm is justified if there is no other reasonable way in which he/she can ward off the threat or the attack.
You may use a firearm only if the attack is an immediate threat or started already, i.e. the attack must be more than just a possibility.
You may not use more force than is necessary to halt the attack. If more force is used, the principle of minimum force is violated and the person defending becomes the attacker.
The force used to ward off the attack may be directed at the attacker(assailant) only.
On 21 May 2002 the Constitutional Court delivered judgment in the case of S v Walter (CCT 28/01). The judgment concerned the constitutionality of section 49 (2) of the Criminal Procedure Act, 1977 (Act No 51 of 1977). In its judgment the Constitutional Court declared section 49(2) of the Criminal Procedure Act, 1977 unconstitutional. The court also ruled that this decision does not apply to actions carried out before 21 May 2002.
Section 49 determined that when an offender or suspect of a schedule 1 offence could be killed with impunity to prevent his/her escape. However, the law as it stands determines the following:
Shooting a suspect to make an arrest is permissible in limited cases. Besides the cases indicated in paragraph 19.6.1.4. and 19.6.1.5. above, the person who is authorized to make the arrest (in terms of sections40 and 42 of the Criminal Procedure Act) may shoot a suspect under the following circumstances:
if the suspect poses a threat to the person making the arrest oother persons; or
if the suspect is suspected on reasonable grounds of having committed a crime involving the infliction or threatened infliction of serious bodily harm and there is no other reasonable means ofcarrying out the arrest, whether at that time or later.
When an arrest is called for, force may be used only if it is necessary to carry out the arrest. If the use of force is necessary, only the least degree of force reasonably necessary to carry out the arrest may be used. In deciding what degree of force is both reasonable and necessary, all circumstances must be taken into account, including the threat of violence the suspect poses to the person making the arrest or other persons, and the nature and circumstances of the offence the suspect is suspected of having committed; the degree of force must be proportional in all these circumstances. Shooting a suspect solely in order to carry out an arrest is permitted in very limited circumstances.
Under no circumstances may a person who tries to effect an arrest shoot to kill the suspect in order to halt the escape (that is, the person who tries to effect an arrest may shoot the suspect in the legs, for instance). These limitations in no way detract from the rights a person who attempts to carry out an arrest to kill a suspect in self-defence or in defence of any other person.
Every firearm owner is responsible for the safe keeping of his/her firearm. Any person whose firearm is lost or stolen due to negligence will be prosecuted criminally and may be declared unfit to possess a firearm.
Regulation 28 of the Arms and Ammunition Act, 1969 (Act No 75 of 1969), lays down the minimum requirements for firearm safes and strong rooms.
The requirements are as follows:
The safe must be made of commercial or high grade soft steel.
The roof, floor and sides of the safe should be at least 2 mm thick and the door at least 3 mm. (A steel trunk does no meet the requirements.)
Safe doors should, when locked, not move noticeably when force is applied to it.
Safe doors that are higher than 500 mm must be equipped with at least three bolts.
When the door is closed, the opening between the door and the frame may not be more than 1 mm.
The safe must be fitted with a lever lock with at least seven levers, three of which must be provided with false notches; or
a combination lock with three gears; or
an electronic lock that meets SABS standards.
The safe must be fitted flush with the wall or floor of a building or to an immovable structure. It is advisable to fit the safe to both wall and floor, if possible. It is advisable to use only recommended fasteners such as Rawl bolts or similar fasteners. Plastic fasteners may not be used.
If a safe is fitted in a vehicle, it must be attached to the body of the vehicle where it is not visible from the outside. The owner must keep the following information:
The date of installation
he name and address of the person who installed the safe
he registration number, engine and chassis numbers and make of vehicle
Proof that the vehicle is equipped with an immobilizer
Section 8(1) of the Arms and Ammunition Act, 1969 (Act No 75 of 1969), regulates the use of a firearm belonging to another person.
The provisions stipulate that:
Only a person who is licensed to possess a firearm, may use the firearm of another licensed firearm owner and only under the following conditions:
He/she must have written permission to use the firearm of a licensed firearm owner.
He/she must be on the property belonging to or legally occupied by the person who gives him/her permission to use the firearm.
The written permission must stipulate the period of time for which the firearm may be used and must contain sufficient details of the firearm.
The person who uses the firearm may not transport the firearm to and from the place where it is intended to be used.
Section 8(1) of the Firearms and Ammunition Act, 1969 (Act No 75 of 1969), regulates the safe keeping of a firearm that belongs to another person.
Only a person who is licensed to possess a firearm may store a firearm that belongs to another person.
The person who stores the firearm must have written permission of the license holder stating the following information:
The address where the firearm will be stored
The name, ID number and address of owner
The full details of the firearm(s)
The period for which it may be stored
The notice must be signed by a member of the SAPS.
The licensed owner alone may transport it to and from the person where it will be stored. It may, however, also be transported by a courier that has a valid permit in terms of egulation 31 to transport firearms.
Some dealers in firearms provide a service to store firearms at a fee.
We would like to thank the following institutions for their contributions and support in making this booklet possible:
POCOC Eastern Cape
POCOC Western Cape
POCOCs of the other provinces
NOCOC (Rural Safety)
THE SOUTH AFRICAN POLICE SERVICE
Communication and Liaison Services
Division: Crime Prevention and Response Services
Component: Operational Coordination
Language Section
SANDF
Agri SA
Transvaal Agricultural Union (TAU)
For more information, please contact:
Superintendent Charmaine Muller from the Communication and Liaison Services of the SAPS
Tel: (012) 393 2830
Fax: (012) 393 2590
E-mail: [email protected]