Driver left fearful and jobless after EMPD stop

Lucas Mchunu (30) raised the alarm after a seemingly routine stop by EMPD officers on September 28 left him temporarily unemployed and fearful of a backlash.

He also objected to his licence not being returned to him, unfair treatment from EMPD officers and not receiving assistance from the Sebenza SAPS.

Mchunu, an Uber driver, told Bedfordview and Edenvale News he was pulled over by EMPD officers who said he did not stop at a stop street intersection along Major Miller Avenue.

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He was travelling with his mother, older sister and partner at the time.

After they stopped him, he provided his licence to the officer, who confirmed his vehicle disk information and then informed him why he was pulled over.

He denied the offence and told the officer that he had stopped to let a Nissan bakkie turn in front of him. Nevertheless, the officer told Mchunu he ‘would need to make a plan’.

“She wanted a bribe. What else could it have meant? I told the officer I was not going to make a plan and that I did stop,” he said.

“Hearing this, she said in Zulu that she would show me and started writing down my information.”

He took out his phone to photograph the officer’s name and registration of the vehicle when the officer took his phone and threw it on the ground.

Mchunu’s sister got out of the vehicle to retrieve the phone and his other family members also got out of the vehicle.

The officer’s colleagues on the scene told the family to leave the female officer alone, despite Mchunu stating they did nothing to her.

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He said the officer returned to her vehicle where it appeared she was filling out paperwork.

He repeatedly asked that his licence be returned and eventually left the scene without his licence.

Mchunu said no indication of whether he would receive a fine or his licence was provided to him by any of the officers.

He went to the Kempton Park EMPD office, where he was told to provide a statement in the hope of receiving his licence. They instructed him he would be informed when his licence was at the office for him to collect.

On his way home, EMPD officers again stopped Mchunu and fined him R500 for not having his license.

Kempton Park EMPD later contacted Mchunu, informing him to open a case with the SAPS to retrieve his licence.

Mchunu was arrested on October 3 when he went to Sebenza Police Station to open a case.

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“They said there was no case to open and that I was wrong because I should not be photographing officers as I was not a credited photographer.

“After they brought a detective into the conversation, they informed me there was a case against me following charges laid by EMPD officers and I was arrested,” said Mchunu.

The EMPD confirmed he was arrested on four charges.

EMPD comments

According to EMPD spokesperson Thabiso Makgato, Mchunu was arrested for common assault, reckless and negligent driving, crimen injuria and fraud.

“It is alleged that the driver was shoving the female officer,” said Makgato, who added the officer did not require medical treatment.

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Mchunu said neither he nor his family touched the officer.

According to Makgato, the charge of fraud was because the license presented was not that of the driver.

Mchunu refuted this, saying the licence was his and that there was even a photograph of his licence in the docket shown to him by the investigating officer.

Despite Mchunu’s claims about his phone being thrown on the ground by the officer, Makgato said the officer denied this.

Makgato said as the incident occurred on September 28, officers tried to locate the driver through the information provided on his licence.

“Law enforcement could not track him down from the information on the licence.”

In light of the issues raised by Mchunu, the EMPD confirmed it launched an internal investigation.

Mchunu was released on bail the same day after he appeared in Kempton Park Magistrate’s Court on October 4.
In court, he was requested to provide proof that he had gone to EMPD’s Kempton offices to complain, as he was under suspicion for fleeing a scene.

Mchunu said he informed the court that he attempted to get proof from the office but did not receive any, as they told him the matter was a complaint.

He said his bail slip was signed and told to retrieve his bail paid.

“I was told that the court would be in contact with me again once the investigating officer receives more information from the EMPD.”

Because his fingerprints are now related to a pending case, one of his biggest concerns is financial stability.

“Once your fingerprints are flagged, Uber kicks you out until your name is cleared. For now, I am without a job. It is incredibly frustrating as I do not have an alternative plan.”

Mchunu also fears working in the Edenvale and Kempton Park areas as he is concerned about running into the same officers.

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“If I see them again or they stop me again, I don’t know what they will do,” he said.

Dos and Don’ts

When questioned when motorists can film EMPD officers Makgato said, “They can in the interest of justice and if they feel threatened.

“The public may film for identification purposes and circumstances surrounding the incident that would be unfolding.”

Makgato said when filming community members must take note not to interfere with officers when they execute their official duties, as this can result in a criminal offence.

Speaking about the procedure to have their licence returned if confiscated, Makgato advised motorists to visit the nearest EMPD precinct so that they could identify the relevant officer.

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The EMPD still had Mchunu’s licence since October 6.

A request for comment was sent to Sebenza SAPS and the Ekurhuleni District communications officer on October 4, requesting comment by September 6 at noon.

At the time of going to print no comment was received.