Don't lose sight of minimum force

Cuepacs have called for no action to be taken against civil servants who may contravene procedures in implementing the movement control order (MCO).

This was probably made in support of all our frontliners who at the forefront in the war against this lethal unseen enemy. This blanket request, however, is not legally tenable.

Accountability and responsibility must always be in the equation of governance and moments of truth require steadfast leadership. We must neither let our guard down nor compromise with what needs to be done, especially now that many believe that to win this war, we need to take the bull by the horns and extend the MCO.

This reflects society's resolve in the war against the virus and the critical need to support our medical fraternity. The more difficult it becomes, the higher should be the recognition for those who deliver.

All our frontliners, especially the medical fraternity, are doing a stupendous job and we salute them in totality for their sacrifice and dedication to nation and duty.

The police and the army are the secondary frontliners in this crisis. They have a different role in keeping the peace and ensuring that the MCO is enforced as best as possible. Their sacrifices in carrying out their duties are part and parcel of the uniform and are embedded in their DNA from the time they chose to don the uniform and serve the country.

However, we must not encourage a free hand when it comes to keeping the peace and enforcing the law. The police are trained to use minimum force when using their powers as stipulated in the Police Act and there is no reason to overstep these boundaries.

Optimum force is used appropriately when needed during certain circumstances and within the rule of law. Maximum force must never be encouraged unless it is a matter of life and death. Trite law basically allows this extreme measure when it comes to self-defence and protecting others in life-threatening situations, not otherwise.

Nevertheless, enforcers are protected by law when acting in good faith. This will to a large extent ensure that discretion will always be the better part of valour.

The police can and should be very firm in enforcing the law, but they must maintain social decorum with regimented discipline within their ranks to ensure that internal command and control are not compromised coupled with the fact that laws should not be broken.

This approach must be supplemented with mature checks and balances from the other two limbs of the criminal justice system. This will help to support the police with the need for their aggressive approach in enforcement. The recalcitrant members of the public will inevitably fall into line, and the criminal justice system will gradually win hearts and minds in the long term.

It is opined that our men in blue should keep up the good work, apply the full force of the law but ensure that the manner they carry out their duties is within the framework of internal discipline and the rule of law. Staying firm, fair, calm and professional will ensure a smooth process in achieving the objectives set. - Mkini