SAHRC condemns the use of Excessive Force by Police on a Child during Public Protest
The South African Human Rights Commission (Commission) condemns the attack by police on a 14 year old boy during a violent protest in Hout Bay on 12 September 2017. This act contravenes the child’s right not to abused or maltreated as stated in Section 28 of the Constitution, and also violates his right to freedom and security of the person as per Section 12 of the Constitution. This action by the police is in contravention of children’s rights as guaranteed by international and regional human rights instruments such as the Convention on the Rights to the Child and the African Charter on the Rights and Welfare of the Child.
The Commission finds it disturbing that police brutality during public protests, continues to be so prevalent. In this particular case, it is evident from the video circulated in the media, that excessive force was directed at a child who was not, in any way, a threat to the police.
According to the Standing Order (General) 262 Crowd Management during Gatherings and Demonstrations, the use of force must be discontinued once the crowd has been dispersed. The boy in question, was struck in the mouth by a rubber bullet that was fired at him, while hiding behind a table. From the circulated footage, the action cannot be justified as being in compliance with Section 9 of the Regulation of Gatherings Act 205 of 1993 which states that ‘the degree of force which may be so used shall not be greater than is necessary for the prevention of the actions contemplated’.
The Commission welcomes the decision by the Independent Police Investigative Directorate (IPID) to investigate the matter on its own accord.
The Commission supports the call to suspend the officers involved in the violation of the rights in question. The Commission will be engaging the Western Cape Provincial Commissioner of Police to ensure that the officers involved are disciplined, that the boy’s medical expenses are covered by the South African Police Services (SAPS) and that there is adequate response for the violation of his right.
SAHRC Spokesperson: Gail Smith. Contact: 060 988 3792, gsmith@sahrc.org.za
SAHRC Communications Co-ordinator: Gushwell Brooks, Contact: 082 645 8573, gbrooks@sahrc.org.za
