POLICY BRIEF
product at the 2014 IFSEC security exhibition, held near
recognition of independence, such as the Independent Police
Johannesburg, and states that it was developed in response to
Investigative Directorate, which investigates complaints against
a request from a Middle Eastern customer.25 Imperial Armour
the South African Police Service (SAPS); others are the result
has an office in the United Arab Emirates and exports to
of government policy or have been established to ensure that
several countries. Imperial Armour has exhibited at international
South Africa meets its international obligations arising from
trade exhibitions in the United Arab Emirates, Jordan, Libya,
treaties and other sources of international law.
UK, France, Malaysia and India. In correspondence with
Omega dated early June 2016, Imperial Armour stated that
they no longer sell the electric shock belt. However, their sales
team provided a quote on Force Products’ stun batons, stun
shields and stun guns in June 2016.
These include the Judicial Inspectorate for Correctional
Services, which is tasked with monitoring correctional centres
in terms of the conditions and treatment of inmates, and the
National Conventional Arms Control Committee (NCACC),
which exercises political control over the import and export of
South African company R.M. International Trading Enterprises
conventional weapons and some non-lethal equipment, and
sells electric shock equipment exclusively to international
their transit through South Africa, and which is guided by the
markets. Its product range includes a ‘stun gun-shock baton’26
internationally recognised Wassenaar Arrangement on Export
and a ‘riot stun shield’.27 The company describes itself as ‘a
Controls for Conventional Arms and Dual-Use Goods and
leading force supplying scores of companies in Africa and the
Technologies, including non-lethal equipment. Then there is
Gulf’.28 It is not clear whether the company exports electric
the South African Council for the Non-Proliferation of Weapons
shock equipment from South Africa, or acts as a broker
of Mass Destruction (NPC), which was established under the
facilitating purchases between other countries.
Non-Proliferation of Weapons of Mass Destruction Act 87
Liquid Bullet, another South African company, sells stun batons
of 1993.
and stun guns to the ‘local security industry’.29 The company
The NPC, which falls under the Department of Trade and
has branches in other parts of Africa, including Namibia,
Industry, has wide-ranging powers to prevent (through controls
Tanzania, Swaziland and Zimbabwe.30 Other South African
on manufacture, imports and exports) the proliferation of
companies act as suppliers of electric shock weapons for
material relating to nuclear, chemical and biological weapons,
companies based abroad. For example, Dos Group advertises
their means of delivery and, with respect to dual-use
on its website a projectile electric shock weapon that is
technologies, equipment and material. The NPC’s powers of
manufactured by US company Phazzer, as well as a Chinese
control also extend to, for example, pyrotechnics, riot control
‘taser stun gun’31 and other Chinese-made stun guns.32
agents, and chemicals and chemical precursors.
Need for greater trade restrictions on lawenforcement equipment
South Africa has one the most progressive constitutions in
the world, instituted in 1996, with a Bill of Rights aimed at
One could interpret this to mean that
South Africa is not adhering to its own
aspirations with respect to human rights
building a society based on democratic values, social justice
and fundamental human rights. A number of state institutions
The Civilian Secretariat for Police serves as the technical
support and strengthen South Africa’s constitutional
advisor to the Minister of Police and provides an oversight
democracy, including the Public Protector, the South African
function, monitoring the governance, service delivery and
Human Rights Commission and the Commission for Gender
resourcing of the SAPS. The police service, in turn, implements
Equality. These organisations (often referred to as Chapter
9 institutions, in reference to the chapter of the Constitution
where they are set out) are independent and impartial. The Bill
the Firearms Control Act 60 of 2000, which aims to lay
the foundation for an effective system of firearm control
and management.
of Rights enshrines the rights of all people living in the country
4
to be free from all forms of violence from either public or private
The manufacture, import, export and sale of these controlled
sources, not to be tortured in any way and not to be treated or
technologies, equipment and material require permits that are
punished in a cruel, inhuman or degrading way.
issued by the NCACC, the NPC or the SAPS.
A number of other organisations have also been established,
Given this control framework, it is somewhat surprising, then,
often through national legislation, to provide independent
that South Africa does not either prohibit, or have more rigorous
oversight by monitoring state departments and/or functions
oversight mechanisms to control, the manufacture and use of,
of the state. Some of these receive a level of constitutional
and trade in, law-enforcement equipment that can be abused
MANUFACTURING TORTURE?: SOUTH AFRICA’S TRADE IN ELECTRIC SHOCK EQUIPMENT