482 / 494
481
15.15.
We therefore recommend
that the State waive its strict legal
rights to all claims and agree to settle compensation on an
ex gratia
basis in
respect of claims brought by aggrieved persons, personal representatives and/or
near relations and/or dependents of deceased persons. In this regard, we again
have the assurance of the OPD that it is ready, willing and able to assist in the
facilitation of the procedural requirements to obtain grants of representation. We
wish to make it clear that our recommendation for a waiver also applies to claims
for loss and damage to property and personal injuries.
PART 2 - PREVENTION
15.16.
We think that the prevention of similar events turns on the
following (non-exhaustive) set of measures:
i.
How the responsible officers who were in various ways
negligent or derelict in their duties are dealt with
administratively by their respective services, that is, rewarded
or punished. If they are rewarded with promotions, then
others may be expected to engage in similar reward-seeking
behaviour. If their careers are negatively affected, then similar
behaviour may be discouraged. We know that human
motivations are more complicated than simply responding to
rewards and punishment but these things matter.
ii.
Policies and doctrine that better control the use of weapons
systems by the security forces.
iii.
Improvement in the systems of internal control within the
security forces with emphasis on the special operations units
that are typically deployed in cases where violent
confrontations involving large numbers of gunmen are
expected.