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Court
rejects wounded cop’s plea to have police pay for his legal team
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A POLICE officer who was “brutally” stabbed by a
group of protesters during last year’s Marikana uprisings has lost his urgent
Pretoria High Court bid to force the SAPS to foot the bill for a legal team
of his choice to represent him at the Farlam Commission of Inquiry.
While the police said its legal team would also represent Lieutenant Shitumo Solomon Baloyi, he was insisting on having his own representation, due to a possible conflict of interest. Baloyi last week turned to the court for an urgent order to declare the decision by police commissioner General Riah Phiyega not to fund separate legal representation for him to be unethical and unconstitutional. He asked the court to interdict Phiyega and Police Minister Nathi Mthethwa from appointing the SAPS legal team to represent him and to afford him counsel of his own choice, paid for by the SAPS. On August 16 last year, police shot and killed 34 miners at Lonmin’s platinum mine in North West. Three days before this, Baloyi and other officers were sent to Marikana in response to the strike by miners. While patrolling under the command of Major-General William Mpembe, the police confronted a group of protesters, armed with weapons. Baloyi said Mpembe asked the protesters to surrender their weapons. The situation became volatile and some of the protesters attacked and stabbed Baloyi. Warrant officers Mosese and Lepaaku were shot and hacked to death. Subsequent to the Marikana tragedy, the police appointed a team of three senior counsel and private attorneys to represent it at the commission. Phiyega also appointed another legal team to represent the family of Mosese. A third team was appointed on watching brief. Baloyi said both the minister and Phiyega had told him he was a “risky and conflicted witness” to be called. He was consequently never consulted by the police’s legal representatives for his version of events. Baloyi said that in spite of having a story to tell, he was not included in the initial list of witnesses. The Police and Prisons Civil Rights Union intervened and appointed and paid for counsel to represent Baloyi and the family of Lepaaku. Baloyi, however, feels the SAPS has to foot the bill as he is willing to testify. Judge Joseph Raulinga said the matter had to be decided against the backdrop that the commission was an investigative, fact-finding body with the mandate only to make recommendations. It also had its own rules and regulations. These, the judge said, didn’t give Baloyi the right to testify. It was entirely up to the commission whether to call him or not. He added there was no dispute that Baloyi was entitled to legal representation at state expense. Baloyi’s lawyer, Mpho Mofomme, afterwards said they would definitely take the matter further, By Zelda Venter The Star 19/08/13 Early Edition |
Sunday, July 5, 2015
Crimes of the South African Police Service
