A BOMELA family say they were attacked by SAPS members who were responding to a complaint about noise disturbance.
According to the family, members of Paddock and Port Shepstone SAPS ransacked their home before leaving. The officers, they say, later returned and assaulted them physically.
Police reportedly initially went to the family’s home to investigate a complaint of excessive noise. The owner of the home says a policewoman attacked and choked her son, accusing him of disrespect. She then took him to Paddock police station, where she charged him with disturbing the peace.
The next day more SAPS members arrived and again ransacked the home without any explanation. “We asked them if they had a search warrant and what it was they were looking for, but they simply said it was none of our business and left, only to return again that night,” said the woman.
The woman claims to have been standing near her gate when the police returned and forced their way in. She and her family began filming the altercation with their cellphones, asking them why they had come back. “One of the policemen, our neighbour who was off duty at the time, said they were there to confiscate our radio and make sure that any evidence against them was deleted.”
She added that, after she realised that she would not be able to prevent the policeman from entering her yard, she ran inside the house and tried to lock the sliding door.
“They were shouting, saying they wanted the footage. They overpowered us and broke the sliding door handle to try and force entry. One broke the window and began spraying the entire house with pepper spray, without caring that there were children in the house.”
The woman, who was terrified and crying hysterically by this time and was. she says, in no state to defend herself, began screaming until the police left.
The South African law, through the Environmental Conservation Act 73 of 1989, states that municipal by-laws govern disturbing noise such as party noise, which is generally tolerated until 10pm on Friday and Saturday evenings.
The act also stipulates that SAPS members normally deal with such cases and are allowed to instruct the offender to reduce noise.
Failure to comply allows them to issue a fine and, in extreme cases, confiscate the equipment. If noise disturbance continues, the offender can be taken to court. Nowhere in the law does it say offenders may be subjected to assault.
KwaZulu-Natal SAPS spokesman, Major Thulani Zwane said a case of common assault had been opened by the family and was currently under investigation.
“Internal investigations will also be conducted and steps will be taken against those found to be involved,” he said.
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