Covid-19 coalition warns against the use of unlawful force

“South Africa cannot afford another Marikana.”

That is the message from the Covid-19 People’s Coalition, a widely representative grouping of human rights and civil society organisations which has called on the government to repudiate the unlawful use of force by security forces and to adopt a more “compassionate, public health and humanitarian” approach to the forces’ work during the national lockdown.

Such humanitarian work may include assisting in the construction of temporary medical and other facilities required for fighting the Covid-19 virus, assisting communities in accessing water and sanitation services, and supporting the dissemination of information and the delivery of food and other essential supplies.

Since the lockdown was enforced on March 27, the government has been criticised for alleged police and defence force brutality.

At the weekend the Independent Police Investigative Directorate (Ipid) and the Military Ombudsman said they had received 12 and six complaints respectively against officers and soldiers ranging from murder, attempted murder and assault.

The coalition has rejected “any suggestions” that the government should escalate the declared state of disaster to a state of emergency”.

It said unlawful and excessive use of force, particularly in poor communities, violated international and domestic principles that the use of force must be legal, proportionate to the threat posed, necessary and non-discriminatory.

The coalition draws together more than 200 groups, including human rights institutes, health agencies, legal justice centres, churches, academic institutions, community development forums, environmental action bodies, peace initiatives and trade unions, among many disparate bodies with a common purpose regarding the lockdown.

It said on Tuesday it was encouraged by some of the work being done by security forces “to serve the public at this time”.

However, the grouping expressed concern “at the abuses we have seen”, especially cases of assault, degrading physical punishments, allegations of corruption and deaths as a result of police conduct.

Cautioning against “prioritising security concerns” not directly related to the core public health mandate of curbing the spread of Covid-19, the grouping said applying section 36 of the constitution to limit certain rights and freedoms during the national state of disaster “does not equate to a wholesale suspension of  constitutional imperatives or the rule of law”.

“All restrictions and prohibitions that relate to the excessive use of force by law enforcement still apply during a state of disaster. As such, excessive use of force by security forces is unlawful.”

“We also reject any suggestions that the state should escalate the declared state of disaster to a state of emergency.”

The coalition called on President Cyril Ramaphosa, police minister Bheki Cele, defence minister Nosiviwe Mapisa-Nqakula, and the Coronavirus National Command Council urgently to:

• Publicly and consistently repudiate the unlawful use of force by security forces in enforcing the lockdown;
• Actively engage civil society and community-based organisations for a collaborative and unified implementation of lockdown regulations; and
• Strengthen oversight mechanisms such as Ipid and the Military Ombud and support monitoring efforts for transparency and accountability throughout the duration of the lockdown.

The coalition said the risks of escalating tension within communities as a result of the current militarised enforcement approach could be mitigated by a shift to a more humanitarian posture.

“We support a humanitarian mission to save lives, and not a militarised enforcement that will lead to further abuses of members of the public and the unnecessary loss of life.”

The coalition's call aligns with global calls to protect citizens at this crucial time in history.

UN secretary-general Antonio Guterres this week urged governments to include the protection of women in their response to the pandemic.

Reports of domestic violence have surged globally in the wake of huge lockdowns imposed to contain the spread of the disease, he said.

“For many women and girls, the threat looms largest where they should be safest — in their own homes,” he said. — Additional reporting by Reuters

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