Constitutional rights crusader Hugh Glenister has launched an application in the High Court in Johannesburg to compel the Director of Public Prosecutions (DPP) to prosecute eight policemen for breaking into and for causing damage to his property in July last year.
The police officers climbed over the wall of Glenister’s Sunnighill home and proceeded to ransack the property‚ causing extensive damage.
The police claimed that they had received a tip-off from crime intelligence that there were drugs on the property and therefore did not need a search warrant.
They did not find any drugs on the property.
Glenister laid charges of malicious damage to property against the eight SAPS members‚ but said nothing has happened since.
In his affidavit filed last month‚ Glenister said that‚ on July 8 last year and while he was at work‚ he received a telephone call from his domestic employee‚ Sebenzani Elizabeth Mngadi‚ during which she advised him that eight men had climbed the wall of his property and had proceeded to search his house.
“I immediately left work and returned to my residence‚ believing that my house had been broken into. When I arrived at my house‚ I found Elizabeth at my house. She was severely traumatised and had difficulty telling me what had happened‚” Glenister said in his affidavit.
Glenister said he was told by Mngadi that police had opened various security gates and doors in his property with a steel bar in order to gain access to certain rooms in the house.
Glenister said he later contacted the police officer who left his details with Mngadi.
“I stated … that if the SAPS had wished to search my property‚ all they had to do was ask my consent to do so‚ or‚ if they did not wish to obtain by consent‚ they could have obtained a search warrant.
“I stated that breaking and entering into my property in the fashion that the eight members of the SAPS had done‚ cannot be operating within the law‚” Glenister said.
Glenister’s application was filed on November 16 and the State Attorney’s office – which represents the Director of Public Prosecutions: South Gauteng and the Minister of Police — filed their intention to oppose on December 9.
Glenister wants the court to direct the DPP to make a decision – either to proceed with the prosecution against the eight police officers‚ or to issue a decision not to prosecute‚ so that Glenister could initiate a private prosecution.
“This case is not so much about the extensive damage caused by the SAPS during their search‚ but more so the total disregard for the rule of law. It is about holding people accountable to the law‚” Glenister said in a statement on Tuesday.
In 2011‚ Glenister successfully challenged the provisions of the South African Police Service Amendment Act of 2008‚ which formed the Hawks.
The Constitutional Court found that the Act was unconstitutional because it did not secure adequate independence for the Hawks.
The court gave Parliament time to amend those defects and Parliament passed another act in 2012. — Tiso Black Star Group Digital
Glenister wants court to order NPA to prosecute policemen who ransacked his home
The police officers climbed over the wall of Glenister’s Sunnighill home and proceeded to ransack the property‚ causing extensive damage.
The police claimed that they had received a tip-off from crime intelligence that there were drugs on the property and therefore did not need a search warrant.
They did not find any drugs on the property.
Glenister laid charges of malicious damage to property against the eight SAPS members‚ but said nothing has happened since.
In his affidavit filed last month‚ Glenister said that‚ on July 8 last year and while he was at work‚ he received a telephone call from his domestic employee‚ Sebenzani Elizabeth Mngadi‚ during which she advised him that eight men had climbed the wall of his property and had proceeded to search his house.
“I immediately left work and returned to my residence‚ believing that my house had been broken into. When I arrived at my house‚ I found Elizabeth at my house. She was severely traumatised and had difficulty telling me what had happened‚” Glenister said in his affidavit.
Glenister said he was told by Mngadi that police had opened various security gates and doors in his property with a steel bar in order to gain access to certain rooms in the house.
Glenister said he later contacted the police officer who left his details with Mngadi.
“I stated … that if the SAPS had wished to search my property‚ all they had to do was ask my consent to do so‚ or‚ if they did not wish to obtain by consent‚ they could have obtained a search warrant.
“I stated that breaking and entering into my property in the fashion that the eight members of the SAPS had done‚ cannot be operating within the law‚” Glenister said.
Glenister’s application was filed on November 16 and the State Attorney’s office – which represents the Director of Public Prosecutions: South Gauteng and the Minister of Police — filed their intention to oppose on December 9.
Glenister wants the court to direct the DPP to make a decision – either to proceed with the prosecution against the eight police officers‚ or to issue a decision not to prosecute‚ so that Glenister could initiate a private prosecution.
“This case is not so much about the extensive damage caused by the SAPS during their search‚ but more so the total disregard for the rule of law. It is about holding people accountable to the law‚” Glenister said in a statement on Tuesday.
In 2011‚ Glenister successfully challenged the provisions of the South African Police Service Amendment Act of 2008‚ which formed the Hawks.
The Constitutional Court found that the Act was unconstitutional because it did not secure adequate independence for the Hawks.
The court gave Parliament time to amend those defects and Parliament passed another act in 2012. — Tiso Black Star Group Digital
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