Police action still coming against Nkandla protestors and EFF marchers

Police seemed to have picked up the pace on charging those who violated lockdown rules during the EFF march last month and gatherings outside Nkandla at the weekend, with several charges already opened for those who “knew they were committing a crime”.

The police have recently faced criticism for turning a blind eye to the hundreds of EFF members who marched to the offices of the South African Health Products Regulatory Authority (Sahpra) in Pretoria last month, and for their failure to act against armed and maskless people who gathered in Nkandla to support former president Jacob Zuma this past weekend.

Their recent ability to show restrains stood in stark contrast to the scores of arrests made and even alleged assaults reported for lockdown violations such as the non-wearing of masks or of transporting alcohol in other instances.

Instead of arrests and the violent confrontations seen during previous protests, however, police say three cases were instead opened in connection with the Nkandla incident on Friday, Saturday and Sunday.

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These were for contravention of the Disaster Management Act, while allegations of live rounds being fired were also being probed, police spokesperson Brigadier Vish Naidoo told The Citizen.

“For now we can say it is for the contravention of the Disaster Management Act regulations but details of any other charges should arise… and we will communicate.”

As for the EFF march which took place on 25 June – “Those cases are being investigated but no arrests have been made yet. We are working closely with the public prosecution so we are taking it one step at a time.”

Asked why the EFF were permitted to violate regulations by allowing hundreds to march to the South African Health Products Regulatory Association offices, Naidoo said the agreement was for only 100 people to partake, as per level 3 lockdown regulations at the time.

“A ‘section 4’ meeting was held [with the EFF] where it was agreed there wouldn’t be more than 100 people. The fact that there were more was considered a contravention of the act.”

In trying to prevent anticipated gatherings in Nkandla following Zuma’s imprisonment sentencing, police established vehicle checkpoints. As they could not prevent people from getting to their respective destinations, Naidoo said vehicles instead ended up at the former president’s home.

Minister Bheki Cele had said on Monday at the police vaccination launch that 100 people gathered at Nkandla were armed.

Police therefore had to exercise restraint, Naidoo explained.

“We noticed that emotions were running high and when we did a situation analysis, which informs us how we must approach the matter, the decision we took, I think, was correct. We had to consider the potential of serious injury or a loss of life… They all knew they were committing a crime by being there,” he said.

The Institute of Security Studies (ISS) agreed with this approach, as police operations have a legal and moral mandate of avoiding unnecessary bloodshed and harm to people and property. The police’s restraint was also applauded by the EFF and the Police and Prisons Civil Rights Union (POPCRU).

Judging from the situation in Nkandla, police were confronted by hundreds of people who were armed, allegedly drunk, aggressive, and were threatening violence, said ISS senior researcher Gareth Newham.

“Then it might be better not to pursue arrests at that time, particularly if crowd is not threatening anybody’s life… If they are just gathering, shouting and blocking the road, then… it would be a good tactic not to engage. However, it is not permissible that police do nothing,”

Police should rather use evidence during these prohibited gatherings to investigate the flouting of the rules and ensure arrests, said Newham.

ALSO READ: Police to ‘hold further actions’ before arresting Zuma, says Cele

“It is important that police do take action, both against the organisers of the EFF march and of the people gathering in Nkandla and any other gathering which is being prohibited under the current law or regulation. Because if they don’t, then obviously it means they are not upholding the law and the constitution and are treating people differently. We have seen police take action against others who have not been adhering to the regulations,” said Newham.

rorisangk@citizen.co.za