Chokehold sparks council outcry

CHOKEHOLDS had already been banned in many law enforcement agencies even before the death of George Floyd, an expert noted, citing their inherent dangers and potential to cause death.

However, City Speaker Felicity Purchase defended herself from criticism for ordering the removal of EFF councillor Mzubani Dambuza from Wednesday’s council meeting, an incident that ended with Dambuza being violently restrained by security personnel and held in a chokehold on the ground.

Graphic footage of the incident shows Dambuza appearing to lose consciousness for a moment, as fellow councillors scream for the aggression to stop. 

According to opposition parties, Dambuza's alleged assault came after he “dared to ask a question”, GOOD councillor Roscoe Palm said. 

Dambuza has since approached police, who are investigating a case of assault. 

“This office can confirm that an assault common case was registered at Cape Town Central SAPS for investigation following an altercation between security personnel and the victim, Wednesday, 30 July 2025. Investigations continue, no arrest has been made,” said police spokesperson, FC Van Wyk. 

Purchase has defended her actions saying Dambuza was repeatedly instructed to desist from his disruptive behaviour, to resume his seat, and was given ample opportunity to comply voluntarily. 

“As a result of Dambuza’s continued non-compliance, I requested the Acting City Manager to facilitate Councillor Dambuza’s removal from the chamber, in accordance with Rule 30.2.

"Following this, Cllr. Dambuza, along with members of the EFF caucus, not only persisted in their disruptive conduct but also actively obstructed the efforts of designated peace officers to restore order. Their actions culminated in an attempt to prevent the enforcement of Council Rules through physical obstruction.

"Due to the severity and persistence of this conduct, and physical harm inflicted upon some of the designated peace officers, I was compelled to adjourn the sitting and temporarily reconvene the Council meeting in the Banqueting Hall. This decision was taken to allow for the removal of all disruptive EFF councillors from both the chamber and the broader precinct, thereby ensuring that Council could proceed with its mandated business," said Purchase. 

The incident has raised concerns about the use of force, particularly the dangers of chokeholds, which carry a risk of death.

George Floyd was killed in 2020 when a white police officer knelt on his neck for several minutes while he lay face down in handcuffs.

The City did not respond directly to questions on what training security personnel received and if the chokehold was part of this. 

“The City is aware of recent events during the Council meeting and notes the related footage circulating on social media. We are reviewing the matter carefully to gain a comprehensive understanding of the context. The City remains committed to fostering a respectful and inclusive environment that upholds the principles of democratic engagement,” the City said. 

Dr Lennit Max, former police commissioner of the Western Cape said as was proven in the Floyd case, the risk of killing someone is very high when using a neck choke.  

“Law enforcement that includes police and security, the use of force is regulated by section 39 and section 49.2 of the Criminal Procedure Act. Were those security guys entitled to use force? Those regulations regulate that use of force. First they have to request them to (leave) voluntarily, if not the security must take the necessary steps and that includes the use of force. 

"There’s three requirements, force use must be necessary, it must be reasonable and it must be proportional. If the person resists as in this case, they can use force to remove that person from the chamber but if you use a neck choke and you are not trained in applying that. You must be trained otherwise you can kill that person. They were obliged by instruction of the speaker to remove that person, apparently the person refused to leave the chamber, so they were prompted to use force.

"The neck choke is very dangerous because it cuts off your oxygen to your brain. They have to explain if that was necessary, was that the only reasonable force they could apply? Although the law empowered law enforcement to use force in certain circumstances, the onus is on law enforcement to prove that the method they use was necessary, reasonable and proportionate to the threat they faced. Your force must not be more dangerous than what you need to apply in the circumstances,” Max said.

Policing and social conflict specialist Eldred de Klerk said chokeholds have pretty much been outlawed in law enforcement, as there has been extensive research on the dangers. 

“It is dangerous, there is no discussion or debate that chokeholds have been outlawed in law enforcement for a long time. South Africa is supposed to be following international best practice. All our jurisprudence is predicated on our constitution and our national law. But it should be cognizant and informed by international standards and best practice especially when it comes to law enforcement. 

“The question should be asked: are we letting our officers down because we are not setting clear expectations from them as to what should happen. Are we intolerant of people (who cause) disruption and therefore we are demanding from our law enforcement security personnel this ‘I can do’ attitude, where they are supposed to act in any circumstances regardless of the consequences. We (are) letting them down if that is our expectation. Thirdly what is to say of the culture of our meetings, are they so toxic that we cannot tolerate disruption that we feel we need to subdue. 

“If that person fainted or passed out for any length of time, the law enforcement officer could be criminally liable themselves. There are different arrest procedures, different procedures to suppress or deal with an overly aggressive suspect or somebody who confronts you. The difficulty I have in terms of the use of force, like the legislation says any use of force must be proportionate, it must be necessary because the danger that is confronted is imminent.” 

Cape Times