Jozi cops filmed
'abusing' driver: Do you know your rights in SA?
2016-03-16
08:42
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JMPD ABUSE: Motorist Carmen Bell filmed an altercation
involving several officers and a fellow road user on March 15 outside the Mall
of Africa in Midrand. Image: Carmen Bell via Facebook
Sergio Davids
Johannesburg - An eyewitness captured the moment a road user is shoved by a Johannesburg Metro Police Department
(JMPD) officer at the entrance to the Mall of Africa in Midrand, outside Pretoria.
Facebook user, Carmen Bell, filmed an altercation involving several officers and a motorist on Tuesday (March 15).
Facebook user, Carmen Bell, filmed an altercation involving several officers and a motorist on Tuesday (March 15).
Bell said: "So I took this video this morning at the
entrance to the Mall of Africa. As I rummaged through my bag to get my phone
out, these JMPD members had already punched, pushed and kicked this person to
the floor and the tall metro cop was hitting and kicking him on the ground.
"From the video you see how they physically assaulted this
person after he refused to be arrested for not having number plates."
Investigation underway
The Justice Project South Africa (JPSA) said: "The latest
video depicting JMPD officers abusing a motorist to go viral acutely
demonstrates the urgent need for proper training and discipline which exists in
the Johannesburg Metropolitan Police Department."
JMPD spokesman Wayne Minnaar said: "An investigation is
underway by JMPD Internal Affairs Unit with regards to the video. A statement
is needed from the motorist who is involved in the squabble."
Watch the video below:
'We can handle any situation'
Following the video, Bell posted on Facebook: "Wayne Minnaar has made contact to
investigate what happened today and I salute him for this. He has stood up for
the position he holds and I look forward to seeing this incident addressed. It
goes to show that social media is a powerful tool and that if all South Africans
work together, we can handle any situation."
Know your rights
Wheels24 spoke to Arrive Alive and JPSA regarding the incident. What
does the law say about driving without number plates? What should you do when
confronted with aggressive police officers? We answer these questions and more
below:
What does the law say about driving/riding without number
plates?
Arrive Alive said: "All vehicles must be licensed, whether on a public road
or not. As soon as a vehicle has been licensed, the owner of the motor vehicle
must ensure that a licence plate has been affixed to the vehicle in the
required manner irrespective of usage, that is, public road or not.
"You may not use a motor vehicle on a public road if the
licence plate on the vehicle does not apply to the vehicle itself or where the
licence plate is obscured or illegal except where the obscurity or illegality
is temporary and was caused by something that the owner had no control over.
"It is clear that the law places an obligation on the owner
of a motor vehicle to ensure that the motor vehicle is properly licensed and
that the licence plate is displayed accordingly. Failure to do this will mean
that the owner is in breach of the National Road Traffic Act and therefore
committing an illegal act, which will lead to the owner of the motor vehicle /
driver to be fined accordingly. However, should the owner/motorist be able to
show that the temporary obscurity/illegality was beyond his control then he or
she might be able to escape liability.
What if you've purchased a new, unlicensed vehicle?
Arrive Alive: "Please note that where a motorist has bought a vehicle and
needs to have it delivered to the prospective owner, the owner will have a
temporary permit issued in his favour so that the vehicle may be used on a
public road prior to registration. Please note that a temporary permit is valid
for a period of 21 days only."
More unlawful actions filmed
JPSA has reported on several 'unlawful actions' which took place
in the clip. The organisation also sheds light on the legalities of number
plates in South Africa.
JPSA said: "Quite aside from the assault which took place on video,
several other unlawful actions are apparent in this video.
"Firstly, a number plate is clearly visible on the rear of
the bakkie (pick-up), thus meaning that the motorist failed to display one of
the two number plates a vehicle other than a motorcycle or trailer is required
to display.
"This is defined as an infringement in terms of charge code
1210 in Schedule 3 of the AARTO Regulations and prescribes a fine of R500 (R250
if paid within 32 days) to be issued on an infringement notice. The arrest of
the motorist and impound of such a vehicle is strictly unlawful in these
circumstances.
"The charge code 1211 'failed to affix both number plates
of a vehicle thereto' which the metro policeman can be heard mentioning, albeit
being terribly badly worded in Schedule 3 means 'failed to display any number
plates' on a vehicle requiring two number plates and is defined as an offence
for which one can be arrested and brought before a court to stand trial for
that criminal offence."
Motorist Carmen Bell filmed an altercation between a motorist
and JMPD officials outside the Mall of Africa in Midrand. Image: Carmen Bell
via Facebook
What if an officer is being aggressive? What should you do?
Arrive Alive said: "We need to be non-confrontational and avoid physical
contact or abusive language at all times. Just as a traffic officers should not
be shoving a citizen around, road users should also refrain from laying a hand
on traffic officers or using any abusive language. We are pleased to see that
the situation has calmed down after the initial physical confrontation. Be
respectful to traffic officers just as traffic officers should be respectful to
road users in a professional manner in which the need to execute their
powers."
JPSA adds: "It is rare for the JMPD to do anything in the absence of
a formal complaint from the motorist concerned and its management and
spokespersons are all too often extremely quick to jump to the defence of the
indefensible actions of abusive so-called 'officers' who see fit to act as
thugs and drag all of their colleagues into the stereotypical views that the
public holds that all metro police are little more than criminals in
uniform."
