Best defence – know your rights

PITSO MOJALEFA of Bonaero Park writes:

Against a backdrop of multiple incidences of disturbing police brutality which we regularly see on our television screens, there has been an opportune healthy debate on the issue in Kempton Express. It’s a necessary conversation that has to be had as the consequences can be serious for the public.

It is not healthy to have antagonistic divisions between the various police agencies and the public. We should all be on the same side against the crime scourge. But no country can tolerate police officers who abuse their powers.

Also read:

• Women involved in ‘brutality’ speak out

• Metro police speak out about officers’ alleged ‘brutality’

• Police brutality: Appreciate the roll of the media

The best defence for the public is to be fully conversant with their constitutional rights, as uninformed citizens are easy prey for wrongdoing. My small contribution to my fellow Kempton Park citizens in this regard is to caution people not to meekly accept over zealous police action such as draconian arrests for minor traffic offences.

People who have been unfairly arrested and placed in custody should lodge complaints with the public prosecutor, or contest such incidents in court so as to deter such future outrages on others.

Traffic police should rather give a hefty on-site fine rather than abusing their powers with unnecessary arrests. They should fill the police cells with real criminals and not traffic offenders. For instance, in his recent judgement in the Mozambican Mido Macia trial, Judge Bert Bam of the Pretoria High Court said that the arrest of Macia for a relatively minor traffic offence was in fact, illegal.

I hope Kempton Park Police Station and EMPD management structures read that judgement and also instruct their members to take a refresher course in South African law and standing orders, because they don’t seem to be fully familiar with the correct procedures.

As long as police officers have the ID and residential address of an alleged offender, and they are not a flight risk, there is absolutely no need to shackle and detain such an accused person for a minor offence.

Modern technology like cellphone cameras and voice recorders have greatly assisted in the public recording police brutality so that they can be suitably punished. It is often very difficult to prove police guilt as it is usually your word against an officer, but technology increases citizen power.

It is within your rights to record police actions on camera and is illegal for police to delete your footage. Of course motorists shouldn’t antagonise police officers by sticking their camera in their faces.

After the rash of police excesses, prominent media executive Yusuf Abramjee is compiling a comprehensive document advising motorists of their legal rights and how to react when accosted by police officers.

Everyone should familiarise themselves and keep a copy in the vehicle cubbyhole. Maybe, as a public service, Kempton Express could publish such a document in the paper. The Eskom load shedding document published in Kempton Express has been very useful to my family.