Head of Afriforum’s private prosecution unit, Gerrie Nel is asking KwaDukuza municipality some hard questions into their investigation that exonerated KDM peace officers from any wrongdoing in a controversial altercation involving a child at Chaka’s Rock recently.
The incident which was captured on video received widespread coverage, amid furious condemnation of the behaviour of the arresting officers.
Footage shows the officers allegedly trying to drag a screaming four-year-old child out of a complex while his father tries to pull him from them.
The officers arrived at the complex to arrest the father of the toddler and several other families for allegedly failing to comply with the lockdown regulations.
After a municipal investigation cleared the officers of wrongdoing, civil rights organisation AfriForum stepped forward to represent the group legally.
In a four-page letter to the acting mayor, Cllr Dolly Govender, Nel has asked for full disclosure of the investigation, including written statements and oral transcripts made by the officials and other witnesses that KDM relied on.
“Your public condonation of not only what your officials did but also how it was done leaves us flabbergasted. Must we accept that your condonation of the official’s behaviour finds reliance on a flawed investigation which if you are called out on, your office would not shy away from us publishing how you opportunely derived contentment of your officials conduct,” Nel said.
ORIGINAL STORY: Father speaks out after viral video sees KDM traffic cops accused of manhandling child over lockdown violation in Chaka’s Rock, Ballito
Nel also placed on record that none of the people arrested were consulted or requested to provide their version of the events that led to their arrest and detainment on May 10.
“Can we accept that the officials provided affidavits regarding the contraventions by every one of the 11 people?”.
KDM’s investigation refuted claims of the officers “manhandling” the child and concluded that the officers handled the child in line with the mandate of the Child Protection Act.
“In his media release Mr Mkhize “confirms” that the child was handled in terms of the “Child Act”. This confirmation begs the question if it is based solely on the officials’ version?
“Further, was the content of the video analysed and further relevant evidence gathered. In this regard kindly provide us with the specific version of the official as to his intention of complying with the ‘Child Act” with his actions,” Nel asked.
Nel also questioned the officials failure in complying with lockdown regulations and not wearing masks.
“Notably your officials failed to wear face masks in circumstances where they dealt with the public. Do you consider the absence of wearing a face mask in the public as unlawful conduct? If not, can we accept that you also condone this?
“Is it important to you that your municipal officials comply with the regulations in as far as social distancing and sanitation is concerned? In this regard do you condone the amount of people transported per vehicle to the police station by your officials?”
KDM’s findings were also supported by the municipal union who called the public reactions to the incident unfounded and misguided.
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