Fatal encounters between police and civilians: legislative and ethical implications of the killings of civilians by police in KwaZulu-Natal, South Africa

Fatal encounters between police officers and civilians raise critical concerns about accountability, human rights, and the role of law enforcement in democratic societies. They highlight tensions between the state’s duty to maintain law and order and its constitutional obligation to uphold the rights, dignity, and safety of all citizens. The Independent Police Investigative Directorate (IPID) was established to strengthen police oversight and promote accountability; however, civilian deaths resulting from police action remain a persistent challenge in KwaZulu-Natal. This study investigates the role and effectiveness of IPID in addressing civilian killings by SAPS officers in the province. A qualitative approach was employed, involving semi-structured interviews with ten IPID investigators handling Section 28(1)(b) cases involving deaths resulting from police action. Thematic analysis revealed systemic issues, including persistent police violence, limited institutional resources, low conviction rates, and inadequate cooperation from SAPS. This study offers a novel contribution by demonstrating how frontline investigators interpret, navigate, and contest the structural constraints shaping oversight work. It extends debates on police accountability by showing how these limitations are produced and resisted in everyday investigative practice. The study concludes with recommendations for legislative reform, improved resource allocation, and enhanced training for law enforcement to reduce civilian fatalities and strengthen oversight mechanisms.