Update: Police protocol biased?
Questions around police "protocol" in assault cases arose once more with the arrest of respected businessman Mr Cobus Peens, and his son Dewald, on Saturday following a violent altercation with the acting municipal manager, Mr Mandla Mnguni.
Both father and son were charged with assault after Peens (senior) twice slapped, and once punched Mr Mnguni, following a heated argument over a galvanized housing structure situated on the derelict strawberry farm which was cultivated more than a decade ago for empowerment purposes, but failed.
Mr Peens, who is a member of the Middelburg Aero Club, negotiated with the municipality for the structure to be moved to the air field, to be utilized as part of the clubhouse.
Permission was granted more than a year ago, but the municipality does not have the man power to relocate the structure, so Mr Peens and his son went there on Saturday with a group of six helpers to break down the structure and move it to the air field.
Mr Mnguni coincidentally passed the farm and saw them demolishing the structure.
According to Mr Peens, Mr Mnguni arrived without introducing himself, and immediately accused him of stealing municipal property.
As a devout Christian and very successful businessman, he found the accusation extremely offensive.
Only when Mr Mnguni allegedly started chest-butting Dewald, did Mr Peens physically intervene.
He said that the chest-butting continued between him and Mr Mnguni who dared him to “do it, do it!”.
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He slapped Mr Mnguni twice, followed by a left handed punch, sending Mr Mnguni to the ground where Dewald pinned him until tensions died down.
Dewald was driven to the police station in a police van alongside his father, despite Mr Peens’ willingness to report to the police station following the incident.
After giving their warning statements, both father and son was released on R500 bail the same day.
They appeared in court on Monday where the case was postponed.
Their arrest is in stark contrast with the assault of a 17-year old boy on Sunday last week.
The boy accidentally swerved into the path of Mr Kenneth Hanekom who allegedly got out of his Audi and slapped the boy so hard he fell and hit his head on the pavement.
The boy was admitted to Midmed’s ICU, and released the next day following 24-hours of observation.
The SAPS refused to send a van to arrest Hanekom due to the “hearsay evidence” of the boy and his parents.
Hanekom was traced with the help of the Guardian Protection Group who, also established that the case was not registered by police.
The police only opened a case of assault around midnight on Sunday, after Guardian obtained warning statements from eyewitnesses of the assault.
Mr Hanekom only handed himself over to police the following Thursday, where he was charged with assault with intent to cause bodily harm.
He appeared in court and was released on bail.
According to captain Khanyisile Zwane, there’s no bias on the part of police since Mr Peens and his son was released after their statements were taken.
Legal specialist, Mr Josef van Eeden, said accepted procedure for police would be to call an general assault suspect to come in and give a statement where after the docket will be sent to a prosecutor for a decision.
In cases where the suspect is not willing to give a statement, they will be charged and taken to court.
Captain Zwane says that a number of police officers were called to the scene on Saturday and that proper procedure was followed with transporting father and son to the station.
Mr Van Eeden says that he believes the police acted within their rights with transporting father and son to the police station.
“If there is a police officer on the scene of an assault, and there is reasonable evidence to suggest that a schedule one offence has been committed, the arrest can be effected,” he said.
Meanwhile, the speaker of council Mr Robert Xaba, voiced his support for Mr Mnguni.
“We strongly condemn the incident, it is improper for a high ranking official to walk around and say ‘I’m the mayor, I’m the speaker, everywhere they go,’ residents should familiarize themselves with who their leaders and senior officials are,” he suggests.
He says that government has its hands full with efforts to curtail xenophobic violence which has exploded once again countrywide, and cannot deal with further violence between fellow countrymen.
Mr Peens insists that the entire incident was caused by Mr Mnguni’s unwillingness to introduce himself in his capacity as municipal manager, his insults and the fact that he physically intimidated his son.
“I’m sure Mr Mnguni would have done exactly the same, had his son’s dignity and safety had been violated,” he said.
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