Locked up after refusing to
bribe metro cops
Aarti J Narsee | 18 March, 2013 13:54
Image by: Reuben Goldberg
A courier wants to take
legal action against police who locked him up for two days over an irregularity
with his vehicle license disc.
Mohale Joseph Gama describes the two nights he spent in a holding cell
at Alberton Police station as the most horrible experience of his life.
The 34-year-old was stopped by the Ekurhuleni Metro Police while driving near Swartkoppies offramp last month.
Gama said the two policemen accused him of having a fraudulent licence disc because it described his vehicle as a “station wagon” rather than a panel van.
“The two policemen said they would arrest me if I did not give them a bribe of R500,” said Gama, but he refused.
Although Gama is a South African citizen, living in Diepsloot, the policemen insisted he was a Nigerian and accused him of not being the vehicle’s owner. He was taken to Brackendowns police station, but was later transferred to the Alberton police station. His vehicle was impounded
Gama said the Metro policemen told the station officers not to release him, and to only charge him at the end of the weekend.
“I was told about my rights but they didn’t let me make my one phone call and my cellphone was taken away,” said Gama.
He said he feared for his life in the holding cell.
“There were nine people inside in possession of knives, cell phones and dagga. I was scared.”
The 34-year-old was stopped by the Ekurhuleni Metro Police while driving near Swartkoppies offramp last month.
Gama said the two policemen accused him of having a fraudulent licence disc because it described his vehicle as a “station wagon” rather than a panel van.
“The two policemen said they would arrest me if I did not give them a bribe of R500,” said Gama, but he refused.
Although Gama is a South African citizen, living in Diepsloot, the policemen insisted he was a Nigerian and accused him of not being the vehicle’s owner. He was taken to Brackendowns police station, but was later transferred to the Alberton police station. His vehicle was impounded
Gama said the Metro policemen told the station officers not to release him, and to only charge him at the end of the weekend.
“I was told about my rights but they didn’t let me make my one phone call and my cellphone was taken away,” said Gama.
He said he feared for his life in the holding cell.
“There were nine people inside in possession of knives, cell phones and dagga. I was scared.”
Gama managed to contact his fiancée after borrowing a cellphone from
someone in the holding cell. But when his fiancé and brother came to the
station, they were told he would not be released.
He was eventually released on the Saturday after being told by one of the officers that the only way he would be released was to paying a R500 admission of guilt fine.
His vehicle was only released to him a week later, which he said caused him to lose out on business. Furthermore, he said he was missing a large sum of money from the vehicle, R6 700, which he had been going to deposit for SARS prior to his arrest.
He was eventually released on the Saturday after being told by one of the officers that the only way he would be released was to paying a R500 admission of guilt fine.
His vehicle was only released to him a week later, which he said caused him to lose out on business. Furthermore, he said he was missing a large sum of money from the vehicle, R6 700, which he had been going to deposit for SARS prior to his arrest.
Warrant Officer Janet Makhubela, at Brackendowns police station, said
the case, which was subsequently withdrawn, was recorded as fraud, as the
vehicle’s license disc did not correspond with licensing department records.
The Automobile Association’s Gary Ronald said there should be no penalty for incorrect vehicle description as it is mostly an administrative issue.
The Automobile Association’s Gary Ronald said there should be no penalty for incorrect vehicle description as it is mostly an administrative issue.
“Under normal circumstances, a notice of discontinuation will be issued
to the driver; ... the vehicle will be taken to the testing ground for
inspection to verify what make it is.”
However, if there is a fraudulent transmission on a license disc, Ronald
said the matter would have to go to court and no admission of guilt fine could
be paid.
Makhubela said, “The public have a right to launch a formal complaint if they feel that they have been dealt with unfairly by the police”.
Earlier this month, Police Minister Nathi Mthethwa instructed national commissioner Riah Phiyega to act urgently to "avert and reduce" lawsuits.
Makhubela said, “The public have a right to launch a formal complaint if they feel that they have been dealt with unfairly by the police”.
Earlier this month, Police Minister Nathi Mthethwa instructed national commissioner Riah Phiyega to act urgently to "avert and reduce" lawsuits.
A total of 5090 civil claims were dealt with by SAPS during 2011/12. The
legal costs of cases paid to state and private attorneys amounted to some R135
million.
Gama is taking legal advice and plans to take action against the alleged
solicitation of a bribe by the Metro police, for unlawful arrest and alleged
theft of his money.
“This experience has affected me. People think I am a criminal. My name has been corrupted,” he said.
“This experience has affected me. People think I am a criminal. My name has been corrupted,” he said.
* The public can report solicitation of bribes to: JMPD Anti-Corruption
line 0800 203 712
JMPD Internal Affairs 011 490 1703
JMPD Internal Affairs 011 490 1703
