Question
In South Africa, the prosecution applies for, and obtains warrants for the arrest of Ed Crooke, Adam Swindler and Petty Thief. In the meantime, the
In South Africa, the prosecution applies for, and obtains warrants for the arrest of Ed Crooke, Adam Swindler and Petty Thief. In the meantime, the information relayed from Zamunda to the South African authorities is that Ed is a dangerous criminal, who should be apprehended with the utmost circumspection, care and planning, as he is known to "carry heavy artillery". A large contingent of police officers led by Captain Trigga Happi, is sent to Ed's house to arrest him. Captain Trigga Happi is a 43 year- old, physically strong and robust individual, who takes personal pride in his physical built and fitness. Meanwhile, Ed sees the police through the window, and makes a spirited attempt to escape through the back door of the house. He is spotted by one of the officers, who alerts Captain Trigga Happi. Captain Trigga Happi thereupon orders Ed to stop, however, Ed ignores the instruction and retorts, in the process, "I'm not going back to the slammer, not me!". He continues to hobble away in the opposite direction. Captain Trigga Happi fires two warning shots in the air, whilst, once more, instructing Ed to stop. Ed continues to ignore the instruction, and gingerly makes his way into the street. Captain Trigga Happi fires a shot at Ed, hitting him on the left leg. Ed is arrested on the spot. Critically evaluate whether Captain Trigga Happi's actions comply with the requirements for the use of force when effecting arrest, in the context of section 49(2) of the Criminal Procedure Act 51 of 1977.
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