South Africans reacted with outrage and dismay after witnessing police using dogs as instruments of torture against vulnerable and helpless persons. The police officers involved in the acts of torture have been arrested and will be tried in accordance with our law. The Commission will be monitoring the trial to determine the extent to which this is an offence involving racial hatred.

As a nation we need to reflect on this incident and determine whether it is symptomatic of deeper problems within our society. The activities of the policemen demonstrated a total abuse of power and absolute disregard of the most basic norms of decency and morality. The suffering and pain they inflicted did not seem to matter. This callous arrogance comes from the belief that they will not be held accountable for their deeds.

This assumption may come from the fact that they perceive themselves as having enormous powers and the victims as being absolutely powerless in this society. The fact that the victims were black, foreign and may have been here without proper authorisation obviously contributed to the police concerned thinking that no matter what pain they inflicted, they would not be held accountable. There is a direct link between the alarming degree of xenophobia and racism prevailing in our society and the existence of such beliefs in people who are entrusted with the job of upholding the law. In short they may have thought that society, given its antipathy to foreign blacks, would not care if one or two were beaten up or used in a training video.

We have had reports of other incidents of abuse by police dogs. It is to us a matter of concern that medical practitioners treating patients who have been subjected to such brutality have not drawn public attention to what appears to be a relatively widespread problem. All of us have a role to play in ensuring that the rights of all are respected. Silence is not an option where there is an abuse of basic rights.

There has been a serious debate about the appropriate use of fire-arms by the police. We acknowledge that dogs play a vital role in the investigation of offences throughout the world. However, it is necessary for us to assess the manner in which dogs are trained and used to affect arrests in South Africa in order to prevent them being used for unlawful and unconstitutional purposes.

The Bill of Rights is the document that was adopted after exhaustive national consultation and it unequivocally represents the will of the people. It sets out minimum norms of decency and morality and it is sufficiently flexible to protect both the interests of the individual and allow for the effective protection of the state and the maintenance of law and order. We need to ensure that there is respect for the letter and spirit of the Bill of Rights. Suggestions that the Bill of Rights be changed whenever it is deemed to be inconvenient undermines its supremacy and contributes to the notion that under certain circumstances unconstitutional state action is acceptable. Organs of state and others need to change in other to accommodate the constitution and not the other way around. The only way in which we can become a moral and proper society is to abide by the constitutional imperatives of respect for dignity, equality and freedom.

The incident in question has underscored the need to change individual and institutional mindsets before the goals and visions set out in our constitution can become a reality.

Ends

For further information please contact:
Commissioner Jody Kollapen
Tel: (+27 11) 484 8300 or 083 265 3611 or

Commissioner Karthy Govender
Tel: (+27 31) 260 2546 or 083 265 3610

Issued by the South African Human Rights Commission
Johannesburg, Friday 17 November 2000

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