Text in Afrikaans / "Free people expect much from their police. In such societies
the police stand at the point of balance on the one hand securing
human rights on the other exercising their lawful powers given
to them by Governments in the name of the people, to protect
people and their institutions" (J Alderson Human Rights and
Police Rights. Publication of the Council of Europe.)
This is no small expectation. It means that the police are
expected to maintain and secure the principles of democracy and
human rights, the principles upon which our Constitution is
based. At the same time it is the duty of a police service to
maintain law and order which sometimes require the exercise of
power and the use of force which on the face of it may appear to
violate human dignity and certain rights and freedoms which a
police force is expected to maintain in a democratic society.
The manner of exercising that power has an impact on the
credibility and effectiveness of the police. Human rights law
internationally accepts that a police service needs to be given
the power to, at times restrict certain individual freedoms in
the interests of the security of the community at large. These
restrictions may take place only in a constitutional way. If it
takes place in an unconstitutional way the courts must have the
right to exclude evidence which is unconstitutionally obtained.
At this stage the courts have to formulate such a qualified
exclusionary rule, but the ultimate goal must be to include such
an exclusionary rule in a future Constitution. / Department of Criminal & Procedural Law / LL.M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/17449 |
| Date | 11 1900 |
| Creators | Meyer, Pieter William |
| Contributors | Geldenhuys, T. |
| Source Sets | South African National ETD Portal |
| Language | Afrikaans |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (iii, 51 leaves) |
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