In a significant address during the Police and Prisons Civil Rights Union’s (Popcru) five-day Central Executive Committee (CEC) meeting in Boksburg, Minister of Justice and Constitutional Development, Thembi Simelane, emphasised the urgent need to revise outdated criminal justice laws that hinder law enforcement’s ability to effectively combat crime.
Speaking candidly on the sidelines of the gathering, Simelane pinpointed the Search and Seizure provisions of the Criminal Procedure Act 51 of 1977 as a prime example of legislation requiring immediate reassessment.
“My message to Popcru and its members gathered here is clear,” Simelane stated.
“We need to review some of the legislation, including the current Search and Seizure Act of 1977, as it is an outdated act. There are quite a lot of provisions, information, and systems that are hampering the work of the police,” she added, underscoring the necessity for legal frameworks that reflect contemporary challenges facing law enforcement.
Simelane illustrated her point by discussing provisions tied to rehabilitation and evidence collection. She remarked: “As you know, there are crimes today that have provisions in the parole system that make it difficult to ascertain if the person has been properly rehabilitated to be given a chance to interact with members of the community.”
Furthermore, she highlighted a concerning limitation within the Search and Seizure Act, suggesting it impedes police investigations.
“The Search and Seizure Act states if you have killed a person using a knife, it prevents the police from taking a broken glass for examination if it is not stipulated as part of evidence,” she explained, pointing to the inefficiencies stemming from outdated laws.
The minister also touched on the pressing issue of police violence, stressing that officers must be empowered to operate effectively in high-risk environments, particularly in areas such as KwaZulu-Natal, Eastern Cape, and the Western Cape, where violent crime has surged.
“When faced with violence, police (officers) should be empowered to protect themselves and members of the community,” Simelane asserted.
She made it clear that police officers are human beings who possess the right to self-defence, emphasising the necessity of context in evaluating their response to criminal threats.
“It is not only the police in KZN who are facing violent criminals. Even in the Eastern Cape, there have been criminals who have been shooting at the police,” she said, advocating for a balanced approach to law enforcement and public safety.
“What we want to contextualise as the criminal justice system, including Minister Senzo Mchunu, is that police are human beings too.”
Simelane’s remarks resonate with the urgent push for reforms in a troubled justice system, following the recent budget cuts which the police union has slammed as having a negative effect on their members.
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The Star
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