Cape Argus E-dition

Minister gave ‘unlawful’ instructions

MANYANE MANYANE AND TSHEPISO TSHABALALA

THE police are under fire for their handling of the search-and-seizure operation in the aftermath of the civil unrest that rocked parts of KwaZulu-Natal and Gauteng earlier this month.

An operation to recover looted goods is a source of pain for businessman Mkhambi Mthimkhulu, who says he was was dispossessed of his belongings despite showing the police proof of purchase and ownership.

Police confiscated his goods during operations in an informal settlement in Sebokeng, Gauteng.

Mthimkhulu this week went to claim his groceries and furniture from the Houtkop police station after the SAPS and soldiers came into his house as part of the operation.

He said some of the items had gone missing at the police station. He had hired a bakkie at his own expense to collect his belongings.

“I claimed them (belongings) on Monday and I had to hire a bakkie because they (the police) refused to bring them back. After showing them receipts they told me to identify all my belongings. But some items such as my speakers and some of my food were missing.

“Couches, cupboards and a coffee table are broken,” said the 41-year-old.

The father of two alleged that an amount of R7 000 also went missing during the operation.

“I don’t care that much about the food. I am worried about the R7 000 I put in the cupboard and a phone I bought for one of my children, speakers and their (children) clothes. The clothes from Ackermans store were still new. I kept them in a bag because I wanted to send them to the children.

“I bought them last year. The reason I keep all the receipts is because I support my ex-wife who is a mother to the two children. The receipts were proof of maintenance.”

Mthimkhulu said he would be opening a case.

Another resident, Siphiwe Mafale, said he was wrongfully arrested during the search-and-seizure operation.

“They told me that I can come with them to the police station so I can show them the receipts. But instead, they arrested me when we arrived there.

“They refused to check the receipts and they put me behind bars until Monday.

“They took my food, clothes and bed. Right now I had to sleep on another bed that was meant for children. But I will go to the police station to claim them,” said the 36-year-old.

SAPS spokesperson Colonel Brenda Muridili said the department was not allowed to speak to the media on matters related to the looting and unrest until further notice.

Law expert Sydney Malatsi cautioned that these mistakes would lead to civil claims against Minister of Police Bheki Cele for unlawful arrests and detention.

Malatsi said people had a right to lodge a court application for a spoliation order or open a case of theft against the police if they seized property without charging suspects with theft.

“The court will determine if your means of identifying your property is satisfactory or not, in other words if you will be using a receipt to identify your property the court will determine if they are satisfied with your proof or not.”

“So the police shouldn’t be taking receipts from the public who would like to claim return of their items. The police have to account for why the items were taken to begin with.

“Requesting someone to produce receipts for his household items or perishables is unlawful as there is no law in our country that requires people to retain receipts after making purchases.”

METRO

en-za

2021-08-01T07:00:00.0000000Z

2021-08-01T07:00:00.0000000Z

http://capeargus.pressreader.com/article/281728387559782

African News Agency