Victims of VIP Protection attack have strong basis for legal action

Three South African National Defence Force (SANDF) trainees who were viciously attacked by members of the police VIP Protection Services last weekend probably have a good legal case to sue the minister of police, according to legal experts.

A widely circulated video on social media shows how seven men brandishing rifles and pistols jumped out of a BMW X3 and proceeded to drag the passengers out of a VW Polo out of their car before kicking them while they lay helpless on the ground.

The incident was confirmed by the VIP principal, Deputy President Paul Mashatile, who said he abhorred the unnecessary use of force, particularly against unarmed civilians.

“Members of the police are meant to uphold and protect the fundamental rights of every person and exercise the powers conferred upon them in a responsible and controlled manner,” he said.

However, if the victims did not lay charges, then the Independent Police Investigative Directorate (Ipid) was concerned the culprits may get away with it.

Ipid national spokesperson Robbie Raburabu confirmed it was investigating allegations of assault against members of the SA Police Service’s Protection Security Services.

“The executive director [of Ipid] received a complaint from members of parliament Andrew Whitfield and Ockert Terblanche, regarding the incident of assault that happened on Monday on the N1 North within the precinct of Sandton police station,” he said.

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Raburabu confirmed the victims were military trainees. “Ipid investigators have already been in contact with the family members of the victims so that they could be assisted in laying charges,” he said.

“Engagements are underway to also get the employers of the victims to assist with the investigations.”

Law expert Dr Llewelyn Curlewis said the members of the protection unit captured in the video should be charged with attempted murder, alternatively, assault with intent to cause grievous bodily harm, adding:

“I would recommend a civil lawsuit should also be instituted against the minister of police.”

National police spokesperson Brigadier Athlenda Mathe said the police had successfully traced the victims and started obtaining their statements.

“The police officers involved have also been identified and will be subjected to internal processes. Management of the police views this as serious and will get to the bottom of this incident.”

Mathe said while the internal investigation was underway, the police service would distance itself from the conduct and behaviour depicted in the video.

Criminologist Professor Jaco Barkhuizen said this was not an example of policing but thuggery.

He said the deputy president wasn’t really in danger.

“When VIPs travel with the VIP, [there] is a cavalcade of so many cars. Those we saw in the video were probably the back or front cars that are not really necessary,” he explained.

Barkhuizen said political leaders in South Africa travel as if they’re in a first-world country.

“One can clearly see in the video it was an extreme overstepping of the boundaries of any form of policing… Once people are on the ground and not reacting, logic dictates that you stop assaulting. This is a clear case of assault and attempted murder,” he said.

The police officers should have already been arrested, said Action Society founder Ian Cameron. Cameron said these types of incidents were common.

“If the victims don’t lay charges, there’s nothing to arrest them for. I think they should be held to a higher standard than the members of the public because … these are all signs of a police state developing,” he said.

Cameron said it was time for politicians who abused blue lights to realise they worked for the people, and not the other way around.

“We are not subjected to them. They walk around on a pedestal thinking they are above citizens and they are not. I think an example should be made of the politician and the guards and all of those members,” he said.

Cameron said the police’s first statement – when they referred to the “alleged” assault – was laughable.

“There is nothing alleged about this, it is a criminal offence committed in public and there is nothing to doubt or allege,” he said.