EMPD to be sued for allegedly confiscating russians and chips

A Benoni CBD businessman has instituted a civil claim for damages against the EMPD after two of its officers arrested him for allegedly contravening lockdown regulations during level four.

The 31-year-old man was arrested for selling cooked food on May 6 at his business premises.

It is alleged EMPD officers failed to listen when they were told the shop was allowed to sell cooked food for home delivery under level four regulations.

The charge against the businessman was withdrawn at the Benoni Magistrate’s Court after his attorney, Suleiman Ebrahim, a supervisory attorney at Legal Aid South Africa, submitted written representations to the senior public prosecutor.

The emerging entrepreneur, who did not want to be named, told the City Times he has lost faith in the EMPD and the SAPS.

He said he was held in police custody from 1pm until 10pm – during Ramadaan – and as a result had to break his fast in the holding cells.

It was a sad irony, he added, that one of the EMPD officers involved in his arrest was also a member of the Muslim faith.

The shop owner was later released on bail.

“The EMPD officers were not properly acquainted with the lockdown regulations, yet they were on the streets trying to enforce these regulations,” he said.

“The streets of Benoni were like the ‘wild west’ because these officers did as they pleased. They arrested whoever they wanted to and released whoever they wanted to.”

The victim said after being arrested he was put in the holding cells with “hijackers and drug smokers” and was not even allowed to read the bill of rights before he signed.

“I was told to just sign or else ‘I’m just making things worse for myself. This was scary because I didn’t know what I was signing.

“I lost a month of trading after my arrest and I feared that I would again be arrested by EMPD officers as they were ill-informed about the regulations.

“I did not want to go through that experience again, not only for me but for my wife and child too. It was a scary experience.

“Thankfully, my staff were strong and stood by my side throughout the ordeal.

“It was really sad as we all rely on the business for an income but after my arrest we had to close again – after being closed for five weeks during the shutdown.”

The EMPD officers confiscated the food as “evidence”; however, it is alleged the food was eaten by them and some of the SAPS members.

According to the charge representations submitted by Ebrahim to the senior public prosecutor:

• The owner was arrested in full view of his staff and searched by the EMPD in full view of the general public.

• He had three staff members working in the kitchen on the day in question, preparing food to be delivered to residents living within the CBD and the immediate surrounding locality.

• The doors of the shop were closed but unlocked to allow staff members access to the surroundings for the purpose of delivering food.

• The two EMPD officers entered the shop by opening the closed doors and proceeded to berate the owner and his staff for trading illegally.

• The EMPD members thought that it was illegal to be trading.

• There was not a single customer inside the shop.

• The man showed the EMPD officers an electronic copy of the regulations on his smartphone, which permitted the sale of cooked food for home delivery.

• The officers refused to look at the regulations and insisted he was trading illegally.

• The officers confiscated various cooked food items to the value of R500.

A decisive contention by Ebrahim was “the credibility of the EMPD officers as reliable witnesses is already compromised because they freely admit in their statements that they confiscated chips and russians ostensibly as evidence whereas they knew or should reasonably have known the State does not have refrigeration facilities at the SAPS 13 Store.

“Even if they did not know, they failed to return the confiscated items and ended up consuming the items with members of the SAPS.”

Media liaison officer, Lerato Monyane said the EMPD is not aware of the claim, it could or might be that it is still with the claims department. The matter will be investigated accordingly upon receiving the claim.

This article was republished from Benoni City Times with permission

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